Terms and Conditions for Use of Credentials - BCS Bowl Games

Each individual or entity signing for or using a credential for access to the bowl game, news conferences, practices or other game related activities (collectively, the “Events”), and his/her/its employers (each signer, user and employer, a “Bearer”), agrees to the following conditions:

General

Each Bearer attending one of the Events using a credential represents that such Bearer is acting on a specific assignment for an accredited agency. Bearer is a full-time salaried employee of the accredited agency and has a legitimate working function in connection with the Events. The credential is not transferable and may be revoked at any time without cause. Any unauthorized use of the credential or violation of the policies set forth herein subject Bearer and/or the accredited agency to ejection from the Event, revocation of the credential, denial of access to future Events, prosecution for civil or criminal trespass and any other remedies available under the law.

While within the venue, Bearer shall, at all times, be subject to the direction and/or supervision of the BCS and its designated agents.

Bearer assumes all risks incidental to the performance by the Bearer of Bearer’s services in connection with the Events and assumes all risks incidental to the Events, whether occurring before, during or after the actual playing of the Events, and agrees that the BCS, bowl, the Division I-A conferences and University of Notre Dame (the “BCS Managers”), their member institutions, and their respective employees, directors, officers, student-athletes, coaches, and contractors shall not be liable for injuries or loss of personal property or equipment resulting in such causes.

In the event that the name or likeness of any individual using the credential is included in any broadcast, telecast, photograph, film, video or other media taken in connection with the Events, such individual grants the bowl game and the BCS Managers the non-exclusive, transferable, perpetual right and license to use (and to sub-license the use of) such name and likeness in any media worldwide whether now known or thereafter devised.

Bearer agrees to indemnify the bowl game and the BCS conferences and institutions and hold harmless the bowl game and the BCS conferences and institutions, their officers, agents, contractors, employees, and each of its member institutions, their officers, agents and employees, of and from any and all claims, demands and causes of action arising out of anything done or purported to have been done by Bearer or his/her employer, including but not limited to Bearer’s breach of any term of the credential. With respect to any claim that might give rise to liability of the Bearer as an indemnitor, the bowl and the BCS conferences and institutions shall: (a) have the right to fully participate in the litigation of such claim with counsel selected by Bearer and approved by the bowl and the BCS Managers at the sole expense of the Bearer; and (b) not be obligated, without their consent, to participate in any settlement of such claim.

Media

The use, distribution, exhibition, reproduction, adaptation, display, performance or publication of any accounts, descriptions, pictures, photographs, video or audio recordings, reproductions of, or other information concerning the Events (the “Event Information”) for purposes other than for news coverage of the Events, or for First Amendment-protected purposes, is prohibited, except (a) with the prior written consent of the bowl game or the BCS Managers or (b) as specifically licensed herein. Nothing in these terms and conditions authorizes or allows Bearer to violate any of the bowl game or BCS trademarks, copyright and any other proprietary rights.

The accredited agency agrees that any videos may be used only in connection with a regularly scheduled television newscast within a seven (7) day period after the game and the film clip or video portion of each such showing shall not exceed three (3) minutes in length. The accredited agency may not air highlights of any game until the live telecast of the game by the rightsholding television network has concluded.

Television stations, networks, cable systems, participating institutions or their designees, are prohibited from making available game film or video to any other organization without advance written permission from the bowl game, even though the planned use may be editorial in nature. Such film or video may be aired only by the specific station or entity to whom the credential is issued. These rights may not be assigned, transferred or otherwise disposed to any person, firm, corporation or any other entity. Any agency wishing to use bowl game film or video in any other manner must obtain written permission for such usage from the bowl game or the rightsholding television network.

Real-time transmission of streaming video, digital images, real-time audio, including play-by-play and statistics, of any game is exclusive to the rightsholding television network. “Real-time” is defined as “live, continuous play-by-play or description of an event.” The foregoing limitation shall not preclude the on-time transmission or display of up to ten (10) still pictures or photos of any Event during its progress as referenced in the BCS Internet Real-Time Policy, the terms of which are incorporated herein by reference.

Bearer and accredited agency acknowledge that the bowl game, the rightsholding television network and the BCS conferences and institutions are the exclusive owners of all copyrights, trademarks and other proprietary rights to the respective names, mascots, logos and uniform designs and to the Events, except with respect to materials created by the bearer or accredited agency pursuant to the credential. The member institution name and team name may only be used for news purposes. All trademark rights in the names, logos and uniform designs are retained by the respective conferences and institutions.

The credential confers on Bearer a limited, non-exclusive and non-transferable license to take photographs of the Events, and to allow the entity that engaged the Bearer to take the photographs to use such photographs, only for news coverage about the Events, other editorial purposes, and reprints of news pages from such entity’s publications, provided that such use is not likely to create, or does not actually create confusion in the minds of the trade or public that Bearer or its reprints or any elements therein, or the items on which they are reprinted, are sponsored or endorsed by, or are associated or affiliated with the bowl game or that the bowl game or the BCS conferences and institutions licensed Bearer to use their respective trademarks or copyrights.

In exchange for the access granted by the credential, the bowl game and BCS conferences and institutions shall have the right to purchase prints of any published photographs taken by the Bearer in connection with the credential, at the best financial terms offered to third parties, and such bowl game and the BCS conferences and institutions shall be licensed at no additional charge to use the photographs for news coverage purposes only. The bowl game and the BCS conferences and institutions may not distribute reproductions of the photographs to others or license others to reproduce the photographs.

Bearer shall obtain all necessary licenses, consents or releases permitting the use of any party’s proprietary material, including, but not limited to any party’s copyrights, trademarks, rights of publicity, rights of privacy or other proprietary of personal rights, however denominated included in any photograph taken or other material obtained in connection with the credential. The Bearer is solely responsible for determining which licenses, consents and releases shall be obtained. Bearer agrees to indemnify the bowl game and the BCS Managers and hold harmless the bowl game and the BCS conferences and institutions, their officers, agents, contractors, employees from and against any and all liability loss, damage or expense (including reasonable attorneys’ fees and expenses) arising out of or relating to: (a) the issuance of the credential, Bearer’s presence at the Events, or any other activity of the accredited agency or Bearer in connection with the Events, including without limitation, any claims that the Event Information taken or complied by Bearer infringe the intellectual property rights, publicity rights or other rights of any third party’s copyrights, trademarks, rights of publicity, rights of privacy, or other proprietary of personal rights, however denominated; and (b) the presence on the premises of any cameras, wires, cable or other equipment brought thereon by Bearer.

Any secondary use of any picture, audio description, videotape/film or drawing of the game taken or made by the agency or the Bearer (including, but not limited to, use in delayed editorial or non-editorial, advertising, sales promotion or merchandising) is prohibited without prior specific written approval of the bowl game or the BCS conferences and institutions.

Radio stations that have not purchased rights shall not carry any broadcast report from the stadium on a live basis or any live description of any game action while it is still in progress. Radio stations may report on the Event(s) within a newscast and are not precluded from reporting or updating the score of the game while it is in progress, except from the stadium. Bearer also may not blog live play by play reports from the stadium while the game is in progress but may blog other gathered information pursuant to the BCS Internet Real-Time Policy, the terms of which are incorporated herein by reference.

Bearer further agrees to release the bowl game and all persons and educational institutions involved in the management or production of the competition from any claim or liability arising from failure to provide space for telecasting/broadcasting, or other facilities for the television/radio station, Internet media, network or cable system.

Real-Time Internet

Acceptance and use of a Bowl Championship Series (“BCS”) media credential constitutes an agreement by the bearer to abide by the following terms and conditions:

Subject to the following limitations and conditions, the BCS bowls grant accredited media organizations the limited license to use certain gathered information on the media organization’s website only, beginning at the start of the BCS bowl game and continuing until the conclusion of the BCS bowl game.

1. No more than ten (10) photographs may be used for news and editorial coverage of a BCS bowl game. Any use of such photographs must be time delayed, i.e., no sooner than at least five (5) minutes after the happening of the event depicted in the photograph. The photographs must not be available for downloading.
2. Video tape of game action may be used on a website after the game has concluded. No more than three minutes of such video may be used, and the video may be posted only in the 72 hours after the conclusion of the game. The video must not be available for downloading.
3. Except for those originated by the rightsholders, live text, audio or video play-by-play accounts originating from the stadium are prohibited.
4. Score updates are permitted.
5. The use of textual statistical information must be time-delayed and limited in amount (e.g., the score, injuries, record-breaking performances, scoring summaries at the end quarters, a condensed halftime story) so that an organization's game coverage on the Internet does not conflict with the electronic media rightsholder's rights to play-by-play accounts of the game And/or exclusivity as to such rights.
6. Should any of these conditions be breached, the media organization may not be credentialed for future games.