D) APPLICANT RELEASE
I am making the following representations, warranties, indemnities, covenants, agreements and releases in this Contestant Application (“Application”) in consideration for Somerset Hills Productions, Inc. (“Producer”) to consider me as a potential contestant for the television series entitled “People Puzzler.” I recognize that my signature on this Release is a condition of Producer permitting me to potentially appear on the Program. Accordingly, I acknowledge and agree as follows:
ELIGIBILITY REQUIREMENTS AND ACKNOWLEDGMENTS:
1. I am at least 18 years of age as of the date of my registration.
2. I am not a candidate for public office and will not become one until at least one (1) year after the initial exhibition of the episodes of the Program in which I appear, if selected as a contestant for the Program.
3. I am a legal resident of the United States.
4. I am not, nor are any of my immediate family members or anyone living in my household a current employee of or know anyone who has been within the past two (2) years an officer, employee, agent or representative of: (a) Four M Studios LLC, Start Entertainment, LLC, Somerset Hills Productions, Inc. Game Show Enterprises, LLC, or their respective parent, subsidiary or affiliated companies; (b) any sponsors of the Series (c) any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof, including, without limitation, (d) Enteractive Solutions Group, Inc. and Sullivan Compliance Company.
5. I acknowledge that any offer to become a contestant on the Program is contingent upon completion of a background check satisfactory to Producer, in accordance with applicable laws. I voluntarily and knowingly authorize any person, firm, corporation, or government agency, its officers, employees and agents to release any and all information pertaining to me for purposes of such background check.
REPRESENTATIONS, WARRANTIES AND RELEASES:
I hereby give the following representations, warranties, acknowledgements, consents and releases:
1. By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements set forth above; (ii) I have completed the Application honestly and accurately; (iii) if any of the information in the Application is found to be false or incomplete, this will be grounds for removal from the Program participant selection process, and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program, and the network on which the Program is intended to air (the “Network”) has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program that I may acquire during the participant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; and (viii) Producer has no obligation to return any materials submitted by me as part of the Application whether or not I am selected as a participant.
2. By submitting this Application, I hereby consent to the recording, use and reuse by Producer, Network and any of the “Released Parties” (as defined below) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program or in any materials submitted by me in connection with the Application (collectively my “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I agree that the Released Parties may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with the Application (if any) and any other materials that I have provided or may provide in connection with the Application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity and to assign them, and to license others to use them, in any manner Producer may wish and in any and all media now known or hereafter discovered or developed. I further agree that Released Parties may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Released Parties these rights or for submitting this Application.
3. I further grant Producer and any person or entity designated by Producer the right to use and license my Likeness in and in connection with the Materials, whether as part of the Program or otherwise, or in connection with advertising, programming respective parent, subsidiary, related entities or affiliates, sponsors of the Program, and for the institutional purposes of Producer and Network and/or their respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity.
4. I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by you in the Application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements I make in connection therewith to the maximum extent permitted by law. I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies any branch of the military, and any references I may have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge each of the Released Parties, the persons or entities designated by Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. To the maximum extent permitted by law, you specifically authorize investigation of my employment records and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, and/or consumer report(s). I acknowledge and agree that any such information obtained by Producer or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program or in the course of producing the Program (including without limitation, providing information to and consulting with Network), and may be described or otherwise related in and in connection with the Program, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program or other program.
5. I recognize that proof of damages suffered by Producer and Network in the event that I breach any provision of this Application will be costly, difficult or inconvenient. Accordingly, I agree to pay Producer and Network the sum of One Hundred Thousand Dollars ($100,000) per breach plus disgorgement of any money or the value of any thing that I have received or that I may receive in connection with my breach as liquidated damages in the event I breach any provision of this Application. Furthermore, I will defend, indemnify and hold harmless the Released Parties from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) that in any way arise out of or result from my breach of any provision of this Application.