In consideration of being considered for and possibly selected to participate in the Program (notwithstanding whether or not I am selected as a participant for the Program) and for other good and valuable consideration, upon submitting this application I hereby acknowledge and irrevocably agree to the following terms and conditions which shall govern the entire participant selection process for the Program:
I irrevocably grant to Producer the right (a) to interview me, and to videotape, film and otherwise record (audio/visual) such interviews and my statements and appearances therein, including my name, voice and likeness. Any such interview(s), any and all information I have supplied or may supply in such interview(s), in this application or otherwise (including, without limitation, biographical information, photographs or videotapes of me and/or others, and any other materials), any material Producer creates in connection with the participant selection process, any and all other information Producer has received or will receive from other sources, my appearance, actions, voice and sound effects in connection with the Program (including, without limitation, any act, poses, plays, vocal, instrumental, musical and other sound effects, and compositions of any kind or nature), and the results and proceeds of my participation in the participant selection process (including, without limitation, me, my actions, voice and sound effects as filmed and recorded and any additional material I may create, including, without limitation, videotapes of my family, friends and hometown taped prior to production of the Program), and any reproductions or recordings of any nature of any of the foregoing, in whole or in part (including, without limitation, any photographs I may take or any written notes I may make), shall be referred to as the “Material.” The Material, including the copyright and all other rights therein, shall be the sole and exclusive property of Producer, and, in consideration of Producer considering me to be a participant on the Program, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby grant and assign to Producer all rights of any nature in and to the Material. The Material may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited by such means and for such purposes (including, without limitation, merchandising, and commercial and non-commercial publishing) and in any and all media, now known or hereafter devised, in any and all versions (including, without limitation, digitized versions) as Producer designates throughout the universe, in perpetuity, at any time and from time to time, whether as part of the Program or otherwise. Additionally, Producers will own any so called “rental and lending rights” or similar rights. The Material may be edited, cut, rearranged, adapted, dubbed or otherwise revised or modified for any such purposes by Producer in Producer’s sole discretion, and I waive the exercise of any “moral rights” and “droit moral” and any analogous rights however denominated in any jurisdiction of the world. Without limiting the foregoing, I agree not to institute, support, maintain or authorize any action or lawsuit brought on the ground that the Program or Producer's use of the Material constitutes a defamation or mutilation of the Material, or contains any unauthorized variation, alteration, modification, change or translation of the Material. Without limiting the foregoing, I hereby irrevocably grant to Producers the perpetual and worldwide right to use my name, sobriquet, likeness (actual or simulated), photograph, caricature, voice and biographical material in connection with the development, production, exhibition, distribution, advertising, publicity, promotion, merchandising and other exploitation of the Material, whether as part of the Program or otherwise, or in connection with the exploitation of any subsidiary and ancillary rights therein, Producers’ business activities and the business activities of the exhibiting network and any other networks, stations, sponsors, and other users and exhibitors, assignees and licensees of the Material and/or the Program for any purpose including, without limitation, for any commercial purpose whatsoever, including, without limitation, product endorsement, whether related to the Program or otherwise. Without limiting the foregoing, I am aware and hereby acknowledge that new rights to the Material may come into being and/or be recognized in the future, under law and/or in equity (collectively the “New Exploitation Rights”), and I intend to and do hereby assign, grant and convey to Producers any and all such New Exploitation Rights in and to the Material. I am also aware and do hereby acknowledge that new (and/or changed) technology, uses, media, formats, modes of transmission, and methods of distribution, dissemination, exhibition or performance (collectively the “New Exploitation Methods”) are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Material. I intend and do hereby assign, grant, and convey to Producers any and all rights to such New Exploitation Methods with respect to the Material. I hereby agree to execute and deliver to Producers any and all documents Producers deem in their interest to confirm the existence of the preceding assignment, grant and conveyance and to effectuate my purpose to assign, grant and convey such rights to Producers, including without limitation the New Exploitation Rights and any and all rights to the New Exploitation Methods. I agree that any telecast or other exploitation of the Material or any rights therein, whether as part of the Program or otherwise, will not entitle me to receive any Prize (as defined below) or compensation. Without in any way limiting the foregoing, I acknowledge and agree that Producer shall have the right to use the Material, any part or element of the Material, my name, sobriquet, likeness (actual or simulated), photograph, caricature, voice and biographical material in and in connection with advertisements, promotions and publicity for the Program, for the Network (including, without limitation, on the Network’s websites), and for stations and other persons and entities broadcasting or otherwise exhibiting the Program. I hereby represent and warrant that I have the right to grant each and all of the foregoing rights on my own and on behalf of all others who appear in the videotape, photographs and/or recordings and/or who have supplied information contained in the Material, without the permission of or payment to any third party."