Terms and Conditions
WORLD WRESTLING ENTERTAINMENT, INC.
THE 2007 DIVA SEARCH
COMPLETE TERMS AND CONDITIONS
1. GENERAL DESCRIPTION. Think you’ve got what it takes to be a WWE Diva? World Wrestling Entertainment, Inc., 1241 East Main Street, Stamford, CT 06902 (“WWE”), is seeking beautiful, glamorous, physically fit, talented and charismatic women to participate in the 2007 Diva Search (the “Search”). As part of the Search, WWE will host a casting event where judges will select eight (8) finalists who best exhibit the qualities of a WWE Diva.
The eight finalists will go on to participate in a series of activities that WWE will capture on video and post on www.wwe.com and show on WWE television programming throughout the fall (“Diva Activities”). On a weekly basis, WWE fans will be asked to consider each finalist’s performance during that Diva Activity and whether or not each finalist has the qualities of a WWE Diva. WWE fans will then be invited to vote for their favorite finalist. The finalist who receives the fewest number of votes will be eliminated, and the performances of the remaining finalists will be posted on www.wwe.com as part of the next week’s Diva Activity until a single finalist, the woman fans have selected as best exhibiting the qualities of a WWE Diva, is left and is declared the Winner of the 2007 Diva Search. The Winner will be awarded a WWE talent contract worth a guaranteed minimum of $100,000 (US Dollars). The talent contract provides for, among other things, a one (1) year term, a $50,000 (US Dollars) signing bonus, a guaranteed $50,000 (US Dollars) paid during the term of the contract and WWE’s right to terminate (if the contract is terminated, the Winner still receives $100,000 (US Dollars)). WWE, in its sole discretion, may offer an extended talent contract to the Winner at the end of the one year term.
These Complete Terms and Conditions, the terms of the Entry Form, a Statement of Eligibility and Consent, Release, Indemnification and Confidentiality Agreement and all other agreements, releases, waivers and authorizations executed by applicants in connection with the Search (collectively, “the Terms of the Search”), taken together, constitute an agreement between each applicant and WWE governing the applicant’s participation in the Search.
EXCEPT FOR WHAT IS EXPRESSLY PROVIDED FOR IN THESE COMPLETE TERMS AND CONDITIONS, NO MONETARY COMPENSATION, REIMBURSEMENT, PAYMENTS, RESIDUALS, REUSE FEES OR OTHER REMUNERATION WILL BE MADE TO APPLICANTS FOR THEIR PARTICIPATION OR FOR WWE’S USE OF ANY ASPECT OF THEIR PARTICIPATION.
2. ELIGIBILITY. To enter and participate in the Search, applicants must satisfy each of the following eligibility requirements:
A. Applicants must be, and must have been born, female and must be legal residents of the forty-eight (48) contiguous United States (excludes Alaska and Hawaii), the District of Columbia or Canada (excluding Quebec).
B. Applicants must be at least eighteen (18) years old at the time of application and also must have reached the age of eighteen (18) at the time any photographs they submit in connection with the application are taken.
C. For applicants who reside in Alabama, Nebraska, British Columbia, New Brunswick, Newfoundland & Labrador, Northwest Territories, Nova Scotia, Nunavut or Yukon and who have not reached the age of nineteen (19) or who reside in Mississippi or Pennsylvania and who have not reached the age of twenty-one (21): Applicants who reside in Alabama, Nebraska, British Columbia, New Brunswick, Newfoundland & Labrador, Northwest Territories, Nova Scotia, Nunavut or Yukon and who have not reached the age of nineteen (19) or who reside in Mississippi or Pennsylvania and who have not reached the age of twenty-one (21) can only apply and participate in the Search with the prior consent of a parent or legal guardian. To the extent applicants must review and consent to any documents and agreements or provide any authorizations, assignments, releases, grants, indemnifications, consents or waivers in connection with the Search, applicants from Alabama, Nebraska, British Columbia, New Brunswick, Newfoundland & Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon who have not reached the age of nineteen (19) and applicants from Mississippi and Pennsylvania who have not reached the age of twenty-one (21) also must have a parent or legal guardian review and consent to all such documents and agreements and provide any such authorizations, assignments, releases, grants, indemnifications, consents and waivers.
D. WWE reserves the right to request proof of age and residency, and, as applicable, proof of parenthood or guardianship, in the form of valid, government issued identification/documentation at any time from applicants, and an applicant will be disqualified if WWE, in its sole and exclusive discretion, finds that the proof is unsatisfactory.
E. Applicants must not be (i) employees, officers or directors of WWE or any person or entity involved in the Search’s development or execution; (ii) employees, officers or directors of the aforementioned entities’ respective parent companies, subsidiaries, affiliates, promotion and advertising agencies; (iii) members of the immediate families of any such employees, officers or directors (meaning spouse, spousal equivalent, parents, siblings, children and their spouses, regardless of whether any of the above are step-relatives); or (iv) members of the households of any such employees, officers or directors (whether related to such employees or not).
F. Applicants may not be bound by any contracts or agreements that conflict with their entering into a WWE talent contract or participating in the Search and any other WWE events, projects or assignments including, but not limited to, appearing on WWE broadcasts and other programs, making appearances on behalf of WWE, and/or appearing in WWE advertising, publications and other materials.
G. Applicants must have a valid driver’s license and a United States passport or Canada passport and appropriate visa, as applicable, valid through 07/31/08 that would permit them to travel to and from, without limitation, the United States and Canada, where some of the Search-related programming may be filmed. Applicants also must have no restrictions on their travel whether for personal reasons or by reason of citizenship.
H. Canadian residents must possess all applicable visas and/or work permits required to participate in the Search and, if declared the winner, to accept a contract prize in connection therewith. An applicant will be disqualified if WWE, in its sole discretion, determines that an applicant does not have all necessary visas and/or work permits. WWE may, in its discretion, assist applicants with the process of obtaining appropriate visas and/or work permits. In the event WWE elects to provide such assistance, it shall determine, in its sole and exclusive discretion, the manner and extent to which it provides such assistance; provided, however, that in no event shall WWE have any responsibility or liability whatsoever for an applicant’s failure to obtain such documents.
I. Applicants must disclose to WWE if they have ever been arrested, charged and/or convicted of a felony or misdemeanor, other than minor traffic or parking violations, whether they have ever had a restraining order entered against them and whether they are currently the subject of an arrest warrant or criminal investigation. WWE reserves the right, in its sole and exclusive discretion, to disqualify any applicant based on such disclosures as well as any other details concerning an applicant’s background. At WWE’s request, each applicant must authorize WWE to procure and/or conduct such full and complete background checks of the applicant as WWE, in its sole and exclusive discretion, deems necessary or appropriate. Applicants must fully cooperate with WWE in connection with such background checks.
J. Applicants must be in excellent physical and mental health and know of no pre-existing medical condition or other health-related reason why they should not participate in the Search. Applicants must sign releases attesting to such facts as well as the fact that participating in the Search or any prize may expose applicant to the risk of death, serious injury, illness and property damage. Applicants must accept and assume any and all risks of injury, death, illness or disease, and any and all other damage to themselves, to others, or to property, which arise in any way from participating in the Search or any prize.
K. At any time and at WWE’s request, applicants must provide relevant information regarding their physical and mental health and must agree to undergo physical, psychological and/or drug testing, including, but not limited to, an EKG and blood tests. Applicants must cooperate fully with WWE in connection with such testing. The nature of such testing shall be determined by WWE in its sole and exclusive discretion and applicants must meet all physical and psychological requirements set by WWE. WWE reserves the right, in its sole and exclusive discretion, to disqualify any applicant based on the results of any such testing.
L. As part of the application process, and prior to participating in the Search including, but not limited to, the casting event, all applicants must review, complete and timely return (i) an Entry Form (which requires that applicants submit photographs of themselves); (ii) these Complete Terms and Conditions; (iii) a Statement of Eligibility and Consent, Release, Indemnification and Confidentiality Agreement; (iv) an Emergency Medical Release; and (v) any and all other documents required by WWE in its sole and exclusive discretion. To the extent an applicant is invited to participate in the casting event, WWE requires that the applicant print all these documents (available online at www.wwe.com) off the Internet, sign them and bring signed original copies of these documents with her to the casting event. Applicants who are invited to participate in the casting event also must bring proof of age and residency with them to the casting event in the form of a valid, government issued photo identification. Applicants will be disqualified if WWE, in its sole and exclusive discretion, finds that the proof is unsatisfactory (see details set forth in Section 3 below).
M. Without limiting an applicant’s other confidentiality obligations, no applicant may post any content relating to the Search (including, without limitation, any reference to such applicant’s participation in the Search) on a personal website or post any messages on any web message board in connection with the Search without express written consent from WWE.
N. If selected to participate in the casting event, applicants must be prepared to travel to, and participate in, the casting event as directed by WWE and travel at their own expense (see details in Section 4 below).
O. If selected as finalists, applicants must be available to travel to, and participate in, Search-related events, including without limitation, appearances on WWE’s programming, which will be videotaped, audiotaped, filmed and/or photographed broadcast on any WWE-related programming or posted on wwe.com, beginning at the conclusion of the casting event and ending with the date the winner of the 2007 Diva Search is declared. In addition, applicants selected as finalists must be exclusively available to WWE with respect to all media services (including, without limitation, all forms of television, motion pictures, radio, print, and/or the Internet) and for any and all press and publicity events related to the Search for the duration of the Search, commencing at the conclusion of the casting event through and including the one (1) year period immediately following the final broadcast date of the WWE broadcast in which they finally appear. Finalists and alternates must be available on a first priority basis for such period of time as may be required by WWE in connection with the making of any commercials, advertisements and other promotional tie-ins relating to WWE, WWE programming and/or the products or services of any sponsor of WWE programming without additional consideration, to the extent permitted by law.
P. Applicants agree to be videotaped, audiotaped, filmed and/or photographed at any time during the Search including, but not limited to, during the casting event, while being transported to and from Search-related events, while present in any WWE-provided accommodations, and during Diva Activities, WWE program broadcasts and other Search or WWE-related events. Applicants must further understand and agree that their performances and appearances in connection with Search may be broadcast on WWE programming, posted on www.wwe.com, and may be further used, edited, altered, copied, reproduced, licensed, sold, rented, disclosed, displayed, published, performed, distributed, exhibited, broadcast, or otherwise exploited by WWE, in whole or in part, in any form, media or technology, now known or hereafter developed, including, without limitation, the internet, for any purpose whatsoever, without further compensation to, or authorization by, the applicant.
Q. If declared the winner of the Search, applicants must agree to, and abide by, the terms and conditions of a WWE talent contract that provides for, among other things, a one (1) year term, a $50,000 (US Dollars) signing bonus, a guaranteed $50,000 (US Dollars) paid during the term of the contract, reimbursement for work related travel expenses as directed and approved by WWE and WWE’s right to terminate (if the contract is terminated, the Winner still receives $100,000 (US Dollars)).
R. By applying, applicants commit themselves to all that is required of applicants, semi-finalists, finalists and winners as specifically set forth in the Terms of the Search. Applicants must cooperate with WWE in connection with all aspects of the Search and must abide by all applicable U.S. and foreign laws. Violation of any applicable law or the Terms of the Search is grounds for immediate disqualification from the Search.
Search applicants acknowledge that they have read and are in compliance with all of the foregoing requirements. The failure to abide by, and comply with, these eligibility requirements, may, in WWE’s sole and exclusive discretion, result in disqualification.
WWE reserves the right to invite individuals who have prior experience or desirable characteristics to participate in the Search and to offer such individuals a stipend to encourage their participation.
3. HOW TO APPLY. Applicants must apply online at www.divasearch.wwe.com by filling out the online Entry Form and following the instructions for electronically submitting photographs of themselves that meet the following technical specifications: (i) jpeg format; (ii) 300 x 400 pixels; and (iii) resolution of 72 dots per inch. Applicants must submit a minimum of two (2), up to a maximum of three (3), current photographs of themselves, including at least one full, true-to-life head shot and at least one full, true-to-life head-to-toe body shot. Photographs must have been taken when or after the applicant had reached the age of eighteen (18). Photographs must clearly, honestly and accurately depict the applicant. No one other than the applicant may appear in the photographs. If applicant is a minor in her state of residence, the applicant’s parent or legal guardian must consent to the submission of the Entry Form (including the photographs).
In submitting photographs, each applicant represents and warrants that her photographs are original, she owns the right to all the material in the photographs, and that WWE’s use of the photographs, or any part thereof, will not infringe upon the rights of any third party, including, without limitation, any intellectual property or privacy rights. Applications that include photographs that WWE, in its sole and exclusive discretion, determines to be false, deceptive, altered, manipulated, unlawful, threatening, libelous, defamatory, vulgar, obscene, pornographic, profane, incomplete, insufficient, or otherwise in violation of the Terms of the Search, in whole or in part, will be disqualified. Applications that include photographs depicting nudity will be disqualified.
Each applicant must complete, sign and submit to WWE these Terms and Conditions and the Statement of Eligibility and Consent, Release, Indemnification and Confidentiality Agreement. Visit www.wwe.com, where the required forms can be printed. If an applicant is a minor in her state of residence, the applicant’s parent or legal guardian also must execute these forms. All entries must be received between 7/16/07, when the Search application period begins, and 11:59 pm (ET) on 7/30/07, when the Search application period ends. All other forms of applications are void. Late applications will not be considered.
Limit one (1) application per person. All submitted application materials and photographs become the exclusive property of WWE, and none will be returned.
Do not call or e-mail to check on your application, but do frequently visit www.wwe.com for announcements and notices throughout the Search. WWE is not responsible for an applicant’s failure to receive Search announcements and notices posted on www.wwe.com. Additionally, WWE may choose to communicate any updates and notices to applicants by directly calling or e-mailing them at the numbers and e-mail addresses provided by applicants.
4. CASTING EVENTS.
A. THE INITIAL ROUND. In the Initial Round, all applications will be reviewed for eligibility and a panel of judges comprised of WWE employees and/or independent casting agents will select approximately fifty (50) semi-finalists from among all eligible applicants whom they deem the most beautiful and glamorous. The decisions of WWE and the judges are final and not subject to appeal.
B. THE CASTING EVENT. The applicants selected in the Initial Round as semi-finalists will be invited to participate in a one (1) day casting event to be held and videotaped in the Los Angeles area on August 16, 2007. The specific location of the casting event will be announced at a later date and will be communicated to the semi-finalists by WWE via telephone or e-mail. In addition, APPLICANTS ARE URGED TO CHECK www.wwe.com DAILY FOR FORMS, SEARCH ANNOUNCEMENTS AND NOTICES. WWE is not responsible for an applicant’s failure to receive Search announcements and notices that are posted on www.wwe.com.
Each selected applicant alone is responsible for arranging for her own travel to the casting event and for paying for any and all travel related expenses including, but not limited to, the cost of airfare, train tickets, rental car, gratuities, lodging and food. Applicants will not be reimbursed for their travel expenses or compensated for time off from work or for their participation in the casting event. Semi-finalists are responsible for having all necessary travel documents.
At the casting event, applicants will be judged on the following WWE Diva criteria: (i) glamour; (ii) beauty; (iii) physical fitness; (iv) poise; (v) presence; (vi) charisma; (vii) personality; and (viii) talent, by a panel of judges comprised of WWE talent, WWE employees and/or independent casting agents. Each applicant must bring several bikinis and club wear outfits to the casting event as applicants may be asked to model the outfits as part of the selection/elimination process. At the casting event, applicants also may be interviewed by judges and asked to display a talent. WWE, in its sole and exclusive discretion, may disqualify applicants who fail to bring the required clothing or who otherwise fail to fully participate in the casting event.
During the casting event, the judges, in their sole and exclusive discretion and in accordance with the Terms of the Search, will select eight (8) finalists and up to two (2) alternates from the semi-finalists. The decisions of WWE and the judges are final and not subject to appeal.
5. FINALS.
A. DIVA ACTIVITIES. The eight (8) finalists are required to participate in a series of Diva Activities designed to showcase the Diva criteria set forth above to be shown on WWE television programming and posted on www.wwe.com throughout the early fall of 2007. The Diva Activities will take place in the Los Angeles area on from August 17, 2007 through August 19, 2007 and will be videotaped. The specific location(s) of the Diva Activities will be announced at a later date and will be communicated to the finalists by WWE. Each finalist will compete in all Diva Activities. The Diva Activities are to be determined by WWE in its sole and exclusive discretion and applicants agree to participate in any Diva Activities that are presented to them. Applicants understand and agree that, among other things, the Diva Activities may involve wearing bikinis and/or club wear and they must bring such outfits to each taping. Applicants further understand and agree that they might not be given any advance notice of the nature of any of the Diva Activities they will have to participate in, and that they might first learn of the nature of the Diva Activities as they are asked to perform them. The refusal to participate in any Diva Activity, whatever the reason, may result in disqualification. Applicants further understand and agree that WWE fans, not WWE, will determine who is eliminated from the Search and, ultimately, who is named winner of the Search. Diva Activities will be shown on WWE television programming and posted on www.wwe.com for fan voting. The results of fan voting are final.
WWE will arrange for and assume all reasonable costs associated with participating in the Diva Activities and any other Search-related locations as follows: (i) standard hotel accommodations for one (1) arranged by WWE; (ii) economy transportation for one (1) arranged by WWE to any Search-related events occurring after the taping of the Diva Activities; (iii) reimbursement of costs incurred by a finalist or alternate to change a return flight from Los Angeles as a result of being selected a finalist or alternate at the casting event and being required to remain in Los Angeles after the conclusion of the casting event; and (iv) a stipend; provided, however, that any finalist or alternate who is a resident of Canada will not be eligible to receive the stipend. All other expenses not specifically provided for herein including, without limitation, taxes, insurance, meals, gratuities, phone calls, room service, laundry costs, mini-bar charges and additional spending money are the responsibility of each finalist and alternate and should be paid using the per diem spending money provided by WWE. Finalists and alternates are responsible for having all necessary travel documents including a valid U.S. passport or Canada passport and visa, as applicable. By submitting applications, applicants agree to participate in all Diva Activities, whatever their nature, make themselves available for all tapings, travel when requested by WWE and to otherwise cooperate with WWE in all respects should they be selected finalists or alternates. A recap of the Diva Activities will be shown during WWE’s television programming, one different Diva Activity per week. The Diva Activity will be posted on www.wwe.com and finalists will appear on WWE television programming as follows:
Week 1: A Diva Activity featuring eight (8) finalists will be posted on www.wwe.com; fans vote for their favorite finalist. The finalist receiving the lowest number of votes will be eliminated.
Week 2: One finalist is eliminated based on prior week’s fan vote. A Diva Activity featuring seven (7) remaining finalists will be posted on www.wwe.com; fans vote for their favorite finalist. The finalist receiving the lowest number of votes will be eliminated.
Week 3: One finalist is eliminated based on prior week’s fan vote. A Diva Activity featuring six (6) remaining finalists will be posted on www.wwe.com; fans vote for their favorite finalist. The finalist receiving the lowest number of votes will be eliminated.
Week 4: One finalist is eliminated based on prior week’s fan vote. A Diva Activity featuring five (5) remaining finalists will be posted on www.wwe.com; fans vote for their favorite finalist. The finalist receiving the lowest number of votes will be eliminated.
Week 5: One finalist is eliminated based on prior week’s fan vote. A Diva Activity featuring four (4) remaining finalists will be posted on www.wwe.com; fans vote for their favorite finalist. The finalist receiving the lowest number of votes will be eliminated.
Week 6: One finalist is eliminated based on prior week’s fan vote. A Diva Activity featuring three (3) remaining finalists will be posted on www.wwe.com; fans vote for their favorite finalist. No finalist will be eliminated following this week’s fan vote.
Week 7: Three (3) remaining finalist participate in a final Diva Activity live on WWE television programming; fans vote for their favorite finalist; fan votes from Week 7 are combined with fan votes from Week 6; three (3) remaining finalists appear at a WWE live event and Winner of Search will be declared following conclusion of fan voting period. Finalist receiving the highest number of fan votes from the combined Week 6 and Week 7 fan vote will be declared Winner of the 2007 Diva Search.
WWE, in its sole and exclusive discretion, may modify or alter this schedule in any respect, including dates and locations, for any reason whatsoever.
B. ALTERNATES. At the request of WWE, the alternates selected at the casting event, if any, must be prepared at a moment’s notice to take the place of any finalist who for any reason cannot participate in the Diva Activities taking place from August 17, 2007 – August 19, 2007. The alternates will be dismissed once the Diva Activities have been completed. Notwithstanding anything that might be construed to the contrary, WWE is under no obligation to call upon an alternate to take the place of a finalist that is unable to continue on in the Search.
C. FAN VOTING. Each week, WWE fans will be asked to consider each finalist’s performance in that week’s posted Diva Activity and determine whether or not each finalist has the following qualities of a WWE Diva: (i) glamour; (ii) beauty; (iii) physical fitness; (iv) poise; (v) presence; (vi) charisma; (vii) personality; and (viii) talent. WWE fans residing within the United States and Canada (excluding Quebec) will then be invited to vote for the finalist they want TO WIN the Search. The finalist with the least fan votes for that week will be ELIMINATED. WWE will, in its sole discretion, determine the manner and method for announcing each week’s eliminated finalist and whether and how any specific fan voting results will be disclosed. Notwithstanding the foregoing, WWE reserves the right in its sole and exclusive discretion to grant a finalist(s) immunity from fan voting, to eliminate more than one finalist in any given week, or to otherwise modify the fan voting process at any time.
Detailed instructions as to exactly how and when fans may cast their votes will be announced on WWE broadcasts and posted on www.divasearch.wwe.com at a later date.
6. PRIZE. The Winner of the Search will be awarded a WWE talent contract worth a guaranteed minimum of $100,000 (US Dollars). The talent contract provides for, among other things, a one year term, a $50,000 (US Dollars) signing bonus, a guaranteed minimum of $50,000 (US Dollars) paid during the term of the contract and WWE’s right to terminate (if the contract is terminated, the Winner still receives $100,000 (US Dollars)). WWE, in its sole and exclusive discretion, may offer an extended talent contract to the Winner at the end of the one year term. Applicants understand and agree that the contract does not guarantee any television or other public appearances. Applicants further understand and agree that WWE may terminate the contract for any reason or for no reason at all (once again, if the contract is terminated, the Winner still gets $100,000 (US Dollars)). The Winner is solely responsible for all applicable taxes. The total amount of the prize shall be inclusive of any union dues, fees, and/or payments, whether pension or otherwise, in connection with the Winner or the Winner’s furnishing of services or performances under the talent contract prize. All such dues and payments shall be collectible solely and directly from the Winner, who shall indemnify and hold harmless WWE and the other Releases (as that term is defined in Section 8 below) in connection therewith. The Winner agrees to forfeit the prize if any statement made by the Winner in connection with the Search is false or misleading.
7. OTHER WWE PROJECTS. Each applicant understands and agrees that WWE may have an interest in working with her on other projects for WWE and/or its ancillary products (e.g., for network, syndication, feature film, etc.) should that applicant be selected a finalist or an alternate. As a result, from the date that any applicant is notified that she has been selected as a finalist or alternate and continuing for three years thereafter, such applicant agrees to negotiate in good faith with WWE the terms and conditions of any agreement proposed by WWE relating to such a project. In addition, should a finalist or alternate desire during such three year period to become involved in an entertainment project with any other party, such finalist or alternate agrees to give WWE the right of first refusal to enter into a comparable agreement providing compensation which is at least as favorable to the bona fide written offer from such third party. This section shall apply to the Search winner until the date she enters enter into a talent agreement with WWE, at which time the provisions of such talent agreement shall supersede the provisions of this Section 7.
8. WWE’S OWNERSHIP AND PUBLICITY RIGHTS. Application materials, submitted photographs and any other related documentation, agreements and materials (collectively, the “application”) will be retained by WWE and will not be returned. By applying, each applicant waives any moral rights in the application (including all submitted photographs) and assigns all other rights, title and interest including, but not limited to, copyrights in and to the application (including all submitted photographs) to WWE. Each applicant acknowledges and agrees that WWE owns her application (including all submitted photographs) and shall have the exclusive, unrestricted, perpetual, royalty-free, worldwide, freely-assignable and irrevocable right to use, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the application (including all submitted photographs), in whole or in part, in any form, media or technology, now known or hereafter developed, including, without limitation, print media, broadcast television, radio and the Internet, for any purpose whatsoever, including, but not limited to, advertising, promotion, entertainment and commercial purposes, without any payment to, or further authorization by, the applicant. Although WWE has such exclusive rights of ownership, WWE is not obligated to exercise these rights. Each applicant’s application further signifies her agreement that (i) excepting applicant’s enjoyment of the application and submitted photographs in the privacy of her home, applicant may not use or permit others to use the application and submitted photographs without obtaining the prior written approval of WWE in each instance; and (ii) applicant will execute such further documents and instruments and take any further acts as WWE may reasonably request in order to effectuate these terms.
Each applicant further agrees that WWE has the exclusive, unrestricted, perpetual, royalty-free, worldwide, freely assignable and irrevocable right, but not the obligation, to use applicant’s name, address, photograph, picture, likeness, moving image (including, but not limited to, any photographs submitted with the application and any videotape, photograph or film taken by WWE of the applicant during the Search), voice (including, but not limited to, any tape of the applicant made by WWE during the Search), biographical material, personal information, and any speaking, posing, singing, musical, acting and/or other performance on applicant’s part, whether in their original form, or as altered, edited, lifted or reproduced by WWE, its subsidiaries, affiliates and agents (collectively, “applicant’s Likeness”), in perpetuity throughout the world, whether in connection with the Search or not, in any and all media (including, but not limited to, print media, broadcast television, radio and the Internet) now existing or hereafter discovered or developed, for any and all purposes (including, but not limited to, advertising, promotion, entertainment and commercial purposes), without additional consideration to, or further authorization by, the applicant.
In applying and participating in the Search, each applicant represents and warrants that she has the right to grant to WWE all the rights granted in these Terms and Conditions, including this Section 8.
9. LIMITATION OF LIABILITY. By submitting an application to WWE and agreeing to participate in the Search, each applicant agrees (i) to release WWE and its affiliates, subsidiaries, parent companies, shareholders, agents, officers, directors, employees, representatives, assigns and all others associated with the Search (collectively, with WWE, “the Releasees”), from any and all liability arising in any way from the Search, the receipt, use or misuse of a prize or parts thereof, and the Releasees’ review and use of the applicant’s application or Likeness, or any parts thereof, including, without limitation, liability for any costs, fees, expenses, injuries, losses, harm, damage of any kind whatsoever, death, personal injury, property damage (including, but not limited to, liability for any items belonging to applicants that are lost, damaged or stolen at the casting event, Diva Activities or WWE live events or any other Search or WWE related event), liability to any other persons, including, without limitation, liability arising from any claim relating to the breach or alleged breach of the representations and warranties each applicant is making in connection with the Search, and liability by virtue of any blurring, distortion, alteration, or optical illusion that may occur in connection with the exercise of WWE’s rights, whether intentional or otherwise; (ii) to indemnify the Releasees from any and all liability arising in any way from third party claims relating to her actions during the Search including, but not limited to, third party claims relating to the representation and warranties applicant is making in connection with the Search; and (iii) that the Releasees are not liable for any similarities between applicant’s application (including, without limitation, any submitted photographs) and Likeness and future WWE products, publications or programs.
10. DISPUTES/GOVERNING LAW. By submitting an application, each applicant agrees that the Terms of the Search and any and all claims arising in connection with the Search shall be governed by the laws of the State of Connecticut, without giving effect to any choice of law or conflicts of law principles. It is further agreed that any action at law or in equity arising out of or relating to the Terms of the Search or the Search itself may be filed only in the federal and state courts located in Fairfield County, Connecticut, and by submitting an application, each applicant consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of the Terms of the Search are held to be unlawful, invalid or unenforceable, the remainder of the Terms of the Search will remain in full force and effect, provided that no party is, as a result thereof, deprived of the enjoyment of its substantial benefits under the Terms of the Search.
11. GENERAL TERMS AND CONDITIONS. No applicant, semi-finalist or finalist shall be considered an employee or independent contractor of WWE. Applicants and finalists are merely participating in the Search and are not entitled to any compensation, wages or salary. Additionally, WWE and its programs are not unionized. Production of the Search and all WWE television programs are non-union productions. Each applicant, semi-finalist and finalist that is a member of a performing arts union or guild agrees that her appearance is a non-union appearance and that WWE programs are non-union programs and, as such, her appearance as a participant in the Search is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle her to wages, salary or other compensation under any such collective bargaining agreement or otherwise. WWE has not arranged for, and does not carry any insurance of any kind, for the benefit of applicants (or the heirs, executors and administrators of applicants) in connection with the Search. WWE is not obligated to utilize any applicant in the Search including, without limitation, semi-finalists, finalists and alternates. WWE, in its sole and exclusive discretion, shall have the right at all times to remove or replace any applicant for any reason or no reason at all. The Search is subject to all applicable Federal, state, provincial and local laws and regulations. SEARCH VOID WHERE PROHIBITED. WWE reserves the right, in its sole discretion, to withdraw or amend this Search in any way, at any time, and without notice, if any matter interferes with its conduct as contemplated by the Terms of the Search. Search materials are void if they contain printing, mechanical or other errors. No responsibility will be assumed for lost, late, stolen, illegible, incomplete, damaged, misdirected, misplaced or mutilated applications. WWE and its respective agencies, affiliates and representatives are not responsible for lost, interrupted or unavailable network, server, telephone, broadcast or other connections, miscommunications, failed telephone, broadcast or computer hardware or software transmissions or technical failures, incomplete, delayed or garbled transmissions or other errors or problems of any kind, whether mechanical, electronic, human or otherwise, relating to the Search including, but not limited to, those relating to fan voting, the application submission process and the applicant elimination process. WWE also assumes no responsibility for any problems or delays, whatever their nature, encountered by applicants in traveling to the casting events, the Diva Activities and/or any WWE television programming. WWE reserves the right, in its sole discretion, to cancel, suspend or modify this Search should a virus, bug, computer, telephone, broadcast or other problem beyond WWE’s control corrupt the administration, security or proper play of this Search. WWE reserves the right to proceed with applications received prior to the date of any suspension. If WWE determines that there is any suspected or actual tampering with any aspect of the Search, or if technical difficulties compromise the integrity of the Search, WWE reserves the right, in its sole and exclusive discretion, to disqualify any applications that appear to have been submitted fraudulently or to cancel or modify the Search, in whole or in part.
12. PRODUCER. The Search is produced by World Wrestling Entertainment, Inc., 1241 East Main Street, Stamford, CT 06902.
The Terms of the Search are subject to change without notice, and WWE reserves the right, in its sole and exclusive discretion, to amend or modify the Terms of the Search at any time and for any reason.
I ACKNOWLEDGE THAT I HAVE RECEIVED, READ, AND UNDERSTOOD THE FOREGOING COMPLETE TERMS AND CONDITIONS, AND I AGREE TO ABIDE BY AND COMPLY WITH THE FOREGOING TERMS AND CONDITIONS (AS THEY MAY BE CHANGED, WITH OR WITHOUT PRIOR NOTICE, MODIFIED OR AMENDED BY WWE IN ITS SOLE AND EXCLUSIVE DISCRETION FROM TIME TO TIME AT ANY POINT DURING THE 2007 DIVA SEARCH).
ACKNOWLEDGED AND AGREED: __________________________________________
(Applicant’s signature)
Print Applicant’s Name: _______________________________________
Address: ____________________________________________________________________________
Telephone Number: __________________________________
Dated: ____________________________________________
TO BE COMPLETED BY PARENT/LEGAL GUARDIAN OF MINOR APPLICANTS WHO RESIDE IN ALABAMA, NEBRASKA, BRITISH COLUMBIA, NEW BRUNSWICK, NEWFOUNDLAND & LABRADOR, NORTHWEST TERRITORIES, NOVA SCOTIA, NUNAVUT OR YUKON AND HAVE NOT REACHED THE AGE OF NINETEEN (19) AND BY PARENT/LEGAL GUARDIAN OF MINOR APPLICANTS WHO RESIDE IN MISSISSIPPI OR PENNSYLVANIA AND HAVE NOT REACHED THE AGE OF TWENTY-ONE (21):
I REPRESENT AND WARRANT THAT I AM THE PARENT/LEGAL GUARDIAN OF THE MINOR APPLICANT IDENTIFIED ABOVE AND THAT I HAVE RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND CONDITIONS. I FULLY CONSENT TO AND AUTHORIZE THE APPLICANT’S PARTICIPATION IN THE SEARCH AS DETAILED IN THESE COMPLETE TERMS AND CONDITIONS. I ACKNOWLEDGE AND AGREE THAT ALL REPRESENTATIONS, CONSENTS, AGREEMENTS, GRANTS, WAIVERS, AUTHORIZATIONS, INDEMNIFICATIONS AND RELEASES HEREIN SHALL BE REGARDED AS MADE BY ME ON BEHALF OF THE MINOR AND SHALL BE BINDING ON ME AND THE MINOR.
ACKNOWLEDGED AND AGREED:
_________________________________________ Date: ___________________
Signature of Parent or Legal Guardian
Of Applicant Who is Under the Age of Majority
_________________________________________
Print Name of Parent/Legal Guardian
__________________________________________
Telephone Number