Application. For the following questions, please write us a couple of paragraphs. You may use an additional sheet.
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- Colleen Mills
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1 Application Applicant s name: Applicant s address, city, state, zip: Applicant s day phone: Applicant s night/cell phone: Applicant s Fiance/fiancee s name: His/her day phone: His/her cell phone: His/her Name/phone number for a close friend or relative: For the following questions, please write us a couple of paragraphs. You may use an additional sheet. We want to hear your story. Tell us about you and your fiance(e). How did you meet? How did you get engaged? How much of your wedding is currently planned?
2 What makes your relationship special? Do you and your fiance(e) enjoy food & cooking? What could Food Network do to make your wedding more special? What are your favorite things about the Food Network (hosts, shows)? Video Tape To complete this application, please make a 5-minute tape on VHS or DVD about you and your fiance(e), and why you want Food Network to throw your special day. This is your chance to show us who you are, so please have fun with it! These tapes become the property of Food Network, and will NOT be returned. Carefully mark your tape so that we can keep the tape with the application. When the tape and application are complete, please send to: Food Network Wedding High Noon Entertainment 4100 E. Dry Creek Road Centennial, CO Deadline is August 1, 2006.
3 By signing and submitting this application for consideration in the Food Network Caters Your Hawaiian Wedding Contest (the Contest ) that is sponsored by Television Food Network, G.P. ( Sponsor ) and produced by High Noon Entertainment, I (the Applicant ) agree to and acknowledge the following terms and conditions and to be bound by the Contest Rules set forth at foodnetwork.com. I understand that if: 1) my submitted materials and this application (the Materials ) are selected by the judges; 2) Sponsor determines that my entry meets all of the eligibility requirements and I have complied with all contest rules set forth at foodnetwork.com, and 3) I am chosen by Sponsor to have my wedding provided and appear in a television program based on my wedding, then: I and my fiance must be willing to: (i) be videotaped and interviewed by, and cooperate fully with, Sponsor in the fulfillment of the Contest prize and the taping of the television special, (ii) execute all appropriate releases and consent forms required by Sponsor; (iii) comply with all contest rules and provisions of this Release (and any other consent forms and releases required by Sponsor). I further agree that all guests invited to the wedding must sign a release from any and all liability, and a release granting the right to use their names and likenesses in connection with the audiovisual recording of the wedding for use in a television program (which Sponsor shall have the right to exploit in any and all media, whether invented now or in the future, throughout the universe in perpetuity), and the advertising and publicity of such television program without additional compensation; I understand that, in order to be selected for the Grand Prize, I and my fiancé must be at least 21 years of age, and be a legal resident of the 50 United States and the District of Columbia. I acknowledge that upon my submission of the Materials, they shall become the sole and exclusive property of the Sponsor. I represent and warrant that the Materials I am submitting are my own original work and do not infringe on any third party s copyrighted material, trademark or other intellectual property rights. I also represent and warrant that, prior to submission, I am the owner of the Materials, and that the Materials may be broadcast and otherwise used as set forth herein without obtaining permission from or making any payment to any third party. I understand that all materials provided to Sponsor by me will not be returned to me. The Sponsor is not responsible for lost, damaged or misdirected tapes under any circumstances. I authorize the use and reproduction of all or any portion of the Materials and my appearance in the audiovisual recording (collectively, the Recordings ) of my wedding (including my wedding planning) for a television program to be produced in conjunction with the Food Network Caters Your Hawaiian Wedding Contest (the Production ) by the Sponsor. Sponsor shall have the right to modify and adapt the Materials for
4 incorporation into the Production and the right to exhibit, transmit, license, assign and/or distribute the Production in all markets and media throughout the world, in perpetuity and shall have the right to include all or any portion of the Material and the Recordings in the advertising and promotion of the Production in all media. By submitting this application I acknowledge that Sponsor may use the Material and the Recordings in accordance with the permission granted herein without any payment to myself or any third party. I agree that if I am selected to appear in the Production, the Sponsor may videotape and photograph me and record my voice and conversation including quotes, paraphrases, sounds, and any performance of musical composition(s) during and in connection with the Production. I also understand and agree that this Production is a non-guild production and there will be no residual or any other type of payment due in connection with the Recordings. I agree that Sponsor shall be the exclusive owners of all copyright and other rights in and to such taping, photography and recording and will be able to use them forever and throughout the world, and to license others to use them, in any manner the Sponsor wish and in any and all media now known or hereafter discovered or developed along with incidental uses in connection with the merchandising of the Production or its related products, but not so as to constitute an endorsement of an unrelated product of the Production, without compensation to the Applicant. Neither Applicant, nor any other party now or hereafter having an interest shall have any right of action against the Sponsor or any other party arising out of any use of said Materials or the Production. I understand that if I am selected as the Grand Prize Winner, Sponsor s film crew may come to my home or place of work (collectively, the Property ) to videotape me. In signing this application, I represent and warrant that I have the right to, and hereby grant to, the Sponsor, and their respective parents, subsidiaries and affiliates, licensees, successors and assigns, the right to enter upon and film, photograph and record all or any part of the exterior and interior and contents of the Property, including names, signs and identifying insignia of the Property with such personnel and equipment as the Sponsor may consider necessary or desirable and to perform the production and other activities contemplated by this Release. I further represent and warrant that: (a) I am the owner of the Property and/or have the right to permit the activities contemplated by this Release, I have the requisite power and authority to enter into this Release and to grant and convey to the Sponsor all of the other rights set forth herein, and the permission of any other entity or person is not required to carry out the production activities and grant of rights set forth in this Release; or (b) if I am not the owner of the Property and I do not have the legal right to authorize the activities contemplated by this Release, I will secure from the appropriate party(ies) all the permissions, rights and releases stated herein and as further requested by the Sponsor. I hereby consent to the use forever and throughout the world by the Sponsor, and their respective successors, licensees, nominees and assigns, of said photographs and videotape and sound recordings in or in connection with the production, exhibition, distribution, advertising, and exploitation and/or other use of any of our videotapes and/or otherwise in any and all media now known or hereafter discovered or developed.
5 By submitting the Materials, I agree to release, discharge, and hold harmless High Noon Entertainment, Sponsor, and their respective parent companies, subsidiaries, and affiliates, and their respective agents, advertising and promotion agencies, program sponsors, affiliated companies, sweepstakes partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders (collectively, the Released Parties ) from any claim or liability arising from or related to submission of the Materials, participation in this Contest, appearance in the Recordings or the Production or acceptance of the Contest prize. I agree that I shall not make any claim against the Released Parties or any of their parent, subsidiary, divisions, affiliated and/or related entities or their respective officers, directors, shareholders, employees, agents, contractors, successors, licensees and assigns, for any liability, damages or otherwise arising out of my appearance in the Program pursuant to the permission hereby granted. I hereby irrevocably and forever release, discharge, indemnify and hold harmless the Released Parties from and against, and I hereby irrevocably and forever waive, any and all liability, claims, demands, causes of action, damages, injuries, costs, expenses (including, but not limited to any medical costs and/or expenses) and any and all other liabilities of any kind or nature that I may have against the Released Parties or such other party(ies) claiming through me have had, now have or hereafter will have against any or all of such entities/persons, including but not limited to claims for defamation, violation of my right of privacy, emotional distress, pain and suffering, any damages or bodily injury (direct or consequential), or any other matter arising out of or in any manner connected with this undertaking and the use and exercise of the rights granted herein or in any way relating to my acceptance of prizes or in connection with the Program no matter how caused. I hereby affirm that I do not have the right to rescind, nullify or conjoin the rights granted hereunder and/or Sponsor rights to exploit the Program. In the event of any dispute, I agree that I waive any right to injunctive relief and hereby agree that I will not seek injunctive relief against the Released Parties. I will indemnify and hold harmless the Released Parties from and against any and all liability for any and all claims, demands, damages, costs or judgments brought on behalf of any third party arising from or out of: (a) personal injuries, death or property damage suffered by such person or persons resulting directly or indirectly from any act or omission on my part in connection with the Sponsor s use of the Materials and/or the Recordings and/or the activities conducted at the Property; and/or (b) Applicant s breach of the representations and warranties set forth in this Release. I agree to work with and cooperate with Sponsor and production team at my wedding and reception or as otherwise requested by Sponsor until the Production and related work is completed. I also agree to return as requested by the Sponsor to assist in any postproduction and editing needs (including, but not limited to, reshooting and voiceovers).
6 I will abide by all the rules and regulations prescribed by Sponsor in connection with the Production and cooperate in all pre-appearance requirements deemed necessary by Sponsor, and follow Sponsor s directions regarding my qualifications for an appearance in the Production. I will not reveal the results of my appearance on the Program until the actual telecast of the episode of Production in which I appear, nor will I reveal at any time the terms of this and/or any other agreement with respect to this Production. I agree that Sponsor is not required to use or incorporate in the Production any of the Materials or the Recordings and that the Sponsor may, at any time, decide not to use or discontinue use of the Materials or the Recordings. I agree that I will be responsible for all applicable federal, state and local taxes, associated with the Contest. I agree to comply with all of the contest rules and eligibility requirements found at foodnetwork.com. I understand I will not be paid for participating in the Production or the Materials, nor will I be compensated for lost income resulting from or expenses incurred through my participation or winning of the Contest. I understand that if I am selected but not available to meet with the Food Network wedding consultants on the day(s) selected by Sponsor or if my wedding details do not match the requirements set forth herein, Sponsor will select another applicant. This Release is governed by New York law without regard to its choice of law principles. Applicant and the Sponsor submit to the exclusive jurisdiction of a state or federal court located in New York, New York regarding any disputes concerning this Agreement and/or my appearance in the Production. I agree that this statement cannot be modified or terminated except in writing signed by the Applicant and the Sponsor. In signing this application, I acknowledge my understanding and acceptance of the above terms and conditions: THIS IS A BINDING LEGAL DOCUMENT Applicant Print Full Legal Name Signature Date
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