1. Representations, Warranties and Undertakings - (i) We agree to comply with the eligibility requirements listed in this Application; (ii) We have answered all the Application questions truthfully, completely and accurately; (iii) if We have provided any false or misleading information in this Application, Producer will be entitled to dismiss Us from the participant selection process and/or the Program; (iv) even if We meet the Program eligibility requirements, Producer is not obliged to interview Us and/or select Us as participants; (v) We agree to keep all information acquired by Us about the Program during the participant selection process and/or Our participation in the Program strictly confidential; (vi) Our voices, actions, and images may be recorded as a part of the participant selection process and Producer may use such recordings in the Program or in any related productions, for promotion and publicity or in any other manner at Producer’s sole discretion (without being obliged to any such use) whether or not We are selected as a participant in the Program; (vii) if We are selected to participate, Producer has no obligation to produce the Program nor do any of the broadcasters with whom Producer may have entered into broadcast license agreements (the “Broadcasters”) have any obligation to broadcast the Program even if produced; (viii) Producer’s participant selection decisions are final and not subject to challenge or appeal; (ix) Producer has no obligation to return any photographs, video submissions or written materials (the “Materials”) provided by Us to Producer as part of this Application, the participant selection process, and/or the Program, whether or not We are selected to participate, and Producer may use any such Materials in the Program or in any related productions, for promotion and publicity or in any other manner at Producer’s sole discretion (without being obliged to any such use); (x) all persons appearing in the Materials and anyone who may have created such Materials agrees that they may be used, as edited, altered or modified by Producer, in all Media without compensation; (xi) the Materials will not contain any elements that could be libelous, defamatory, profane, obscene, pornographic, graphically violent, or otherwise contrary to law; (xii) We have all the necessary rights and authority to grant the rights in the Materials to the Producer; (xiii) We hereby expressly waive in favor of Producer, any moral rights that We may have with respect to the Materials or Our participation in the Program; and (xiv) We have not and shall not give or offer to give to Producer, to any of the Broadcasters or to any of its or their production staff or representatives any compensation or gift to arrange Our appearance on the Program or to promote any product or service in the Program.
2. Grant of Rights - We hereby consent to the production, reproduction, recording, broadcast, distribution, adaptation, use and reuse by Producer and the Broadcasters and their respective affiliated or related companies, licensees, successors and assigns, employees and representatives (collectively, the “Grantees”) of Our voices, actions, images, names, appearances, biographical material, and any information contained in this Application, including, without limitation, any video recordings or still photographs taken during the participant selection process and/or contained in the Materials (the “Images”), as such Images may be edited, altered, or modified by the Grantees, in any and all media now known or hereafter devised, throughout the universe in perpetuity (“Media”), in or in connection with the Program or in any related productions, for promotion and publicity or in any other manner at the sole discretion of the Grantees. We agree that the Grantees may use all or any part of our Images and may alter or modify the same regardless of whether or not We are recognizable. We further hereby assign and grant irrevocably to, and agree that Producer shall own exclusively any and all right, title, and interest (including copyright and all other intellectual property rights) in and to the Materials and in and to the Images, and acknowledge and agree that Producer may, in its sole discretion, edit, alter or modify, and use all or part of the all such Materials and other recordings and Our Images in all Media.
We grant these rights to the Materials and Images whether or not we are selected to participate in the Program. We understand that We will not be paid any money for granting these rights, or for submitting the Application, and that Producer’s consideration of Us as potential participants in the Program is good and sufficient consideration. We agree to take any further action or sign any further documents (including, without limitation, confidentiality or non-disclosure agreements, contributor releases or otherwise) reasonably requested by Producer to confirm or perfect the rights of Producer and the Broadcasters in the Materials, the Images or otherwise in connection with this Application.
3. Release - We hereby release Producer, the Broadcasters, the Program advertisers and marketing agencies, all other persons and entities connected with the Program, each of their respective affiliated and related companies and each of their respective officers, directors, agents, representatives, employees, assignees, and licensees (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, legal fees) arising out of or in connection with their use of the Materials or Our participation in the participant selection process, the Program, or the marketing and promotion of the Program, the failure of Producer to select Us as Program participants, the cancellation of the Program, or the exercise by Producer of any rights granted by Us with respect to the Program (including, but not limited to, defamation, personal injury, rights of privacy and publicity) (the “Released Claims”). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses (including legal fees) of any kind resulting from the actions of any other Program participant or any other third party at any time.
4. Acknowledgement - We understand that the participant selection process will involve subjective decisions made by the Producer and will be subject to the Broadcasters’ approval, or those authorized on their behalf, in their sole discretion. We further understand that all participant selection and elimination decisions shall be final and binding on Us in all respects, and shall not be subject to challenge or appeal.
(i) We authorize Producer and/or its representatives to investigate, access and collect information about Us, the information We provided in the Application or any supporting documents or statements We provided or may provide in connection with Our Application. We further authorize Producer and/or its representatives to secure information about Us from Our current and former employers, associates, friends, family members, government agencies, credit reporting agencies, and any references We have provided, and We irrevocably authorize such parties to provide that information. In the course of these investigations, We agree that Producer and/or its representatives may disclose to such parties personal information that We provided in this Application or that Producer has obtained from third parties, if Producer determines such disclosure to be necessary for the investigation. We authorize the investigation of Our employment records and government records, including, but not limited to, motor vehicle records, civil or criminal records, credit and/or consumer reports.
(ii) We hereby authorize Producer to conduct psychological examinations and background checks of Us if required by Producer in its sole discretion.
(iii) We acknowledge and agree that any such information obtained by Producer pursuant to this section 5, this Application or otherwise may be used for the purpose of making casting and other related decisions for the production and exhibition of the Program, and, except for medical information, may be described, disclosed or otherwise used in and in connection with the Program, any subsequent seasons of the Program, and any ancillary or related productions, including “making-of” and “behind-the-scenes” productions and for promotion and publicity related thereto.
(iv) We hereby unconditionally and irrevocably release and forever discharge the Released Parties from any and all liabilities arising out of or in connection with any such investigations and arising out of the collection, use and disclosure of Our personal information in the ways stated in this Application and agree not to make any claim against the Released Parties in respect of such use (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claim based on defamation).
6. Non-Related Parties - We acknowledge, represent and warrant that We are not employees, officers, directors or agents of Producer, the Broadcasters, any known sponsor of the Program and/or any of their respective affiliated or related companies, licensees, or assigns, or members of the immediate family or members of the same households (whether related or not) of such employees, officers, directors or agents. We further acknowledge and agree that Producer has the right to render ineligible any person who it determines, in its sole discretion, is sufficiently connected with the Program (including, via a connection to any Program sponsor or advertiser), such that his/her participation in the Program could result in or create the appearance of impropriety.
7. Confidentiality - Whether or not We are selected to participate in the Program, We shall keep in strictest confidence and shall not disclose to any other applicant, participant or third party at any time (i.e. prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to Producer or to the Broadcasters, to its or their business, to any program produced by Producer and/or exhibited by the Broadcasters, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, or the outcome of any episode of the Program, that We read, hear or otherwise acquire or learn in connection with or as a result of Our applying to be a participant on the Program or (if We are selected to be a participant) as the result of Our experiences as a participant on the Program (collectively, the “Confidential Information”). We acknowledge and agree that the Confidential Information is the exclusive property of Producer and/or the Broadcasters. At no time will We ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Confidential Information and Materials.
8. Breach - We acknowledge that in the event We breach the confidentiality or any other provisions of this Application, that breach may, in Producer’s sole discretion, result in Our disqualification as Program participants. We further acknowledge that a breach by Us of any of the confidentiality provisions of this Application would cause Producer and the Broadcasters irreparable harm that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, We hereby expressly agree that Producer and the Broadcasters shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application by Us.
9. General - We acknowledge that (i) the provisions of this Application shall enure to the benefit of the successors and assigns of the Released Parties and shall be binding upon Our heirs, executors, administrators and representatives, (ii) this Application will be governed by the laws of the state of Arizona Maricopa County and the federal laws of the United States applicable therein and that the courts of Arizona will have exclusive jurisdiction over any matter arising out of this Application, (iii) if any provision of the Application is invalid, illegal, or unenforceable in any jurisdiction it will, as to that jurisdiction be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Application is invalid, illegal or unenforceable in any other jurisdiction, and (iv) that the Grantees may freely assign, in whole or in part, any of their rights or obligations under the Application and We may not assign Our rights and obligations under this Application.