Competitor Agreement
Thank you for agreeing to participate in the World Food Championships. This Agreement shall constitute an agreement between You and the World Food Championships, its agents, assignees, licensees, and benefactors (collectively the "WFC") and shall govern your participation in the WFC. By checking and initialing the box that appears beneath this Agreement when registering, you electronically sign this Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
The WFC is a series of events that will be held from November 7, 2013 through November 10, 2013 in Las Vegas, Nevada (hereinafter singularly or collectively the "WFC Event"). The WFC Event shall include but not be limited to cooking competitions in predetermined categories of competition (hereinafter "WFC Categories"), as well as consumer events related to the WFC Categories. The WFC may add or discontinue any of the WFC Categories at any time. It is understood that the WFC may film, photograph, document, record, or transcribe the WFC Event and the WFC may develop, author or produce content, and authorize others to do the same, based on the WFC Event or the WFC Categories (hereinafter "WFC Content").
You have agreed to participate in one or more events that constitute part of the WFC Event. You agree to be bound by the terms, conditions and rules of participation as detailed in this Agreement, posted on the website of the WFC (www.worldfoodchampionships.com), and disseminated to You by the WFC, whether by mail, e-mail, online or in person. The WFC assumes no responsibility for accidents, illnesses, disabilities, monetary loses or any other losses incurred by You during the WFC Event, or during travel to or from the WFC Event. You agree that you will not sue or bring any claim against WFC, any other participants, sponsors and brand partners, the Network (as defined below), judges, host or guest stars (collectively, the "Released Parties") for any injury, illness, damage, loss or harm to you or your property, howsoever caused, resulting or arising out of or in connection with your participation and appearance in the WFC Events. In addition, you hereby unconditionally and irrevocably release and forever discharge each of the Released Parties from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the "Released Claims") arising out of or in connection with your participation and appearance in the WFC Events, including, without limitation, your preparation, travel and lodging, withdrawal or elimination from any of the WFC Categories, and the production and exploitation of any WFC Content, including, without limitation, claims for injury, illness, damage, loss or harm to You or your property, or your death. Your participation is conditioned on your adherence to these terms, conditions and rules. The WFC may revoke your right to participate in the WFC Event at any time, subject to the return of any entrance fee or partial deposit, less any service fee, if applicable.
As a material term of condition for participating in the WFC Event, You agree to provide the WFC with a minimum of one (1) recipe per contest, demo, or event that you participate in (hereinafter "Materials"). You will retain copyright (if such recipe is capable of copyright protection) and ownership in any Materials. However, You hereby grant the WFC the exclusive irrevocable royalty-free permission to use Materials in any and all media in perpetuity throughout the world, including but not limited to motion picture, television book publication (e.g., a cookbook), merchandising, testimonials, advertising, infomercials, commercial tie-ups, product licensing, online and interactive media (e.g., computer, mobile, and tablet applications and games), or any other technology now in existence or hereafter utilized. When reasonably possible, You will be afforded credit for any use of Materials, but You will not receive any additional form of compensation or consideration beyond the winnings acquired as part of the WFC Event. You hereby waive any droit moral rights in and to the Materials. Nothing herein guarantees that Materials will be used in any manner.
As a qualifier/participant into the WFC, you hereby consent to the recording and use of your name, voice likeness, photograph, presence, presentation, and performance in connection with the WFC Event or the WFC Content, in any and all forms of media, now known or hereafter developed, whether related to a promotional or marketing effort, or for a television program (or programs) based on the WFC Event (the "Program"), or a for-profit endeavor undertaken by the WFC (collectively, the "Exploitations"). Such usage shall only be in direct connection with the WFC Event or in connection with the publication, distribution or other exploitation of the WFC Content, the Programs, the Exploitations and/or the WFC partners and sponsors.
As a category finalist, winner or Final Table participant, you will be compensated through the appropriate WFC prize purse and as a result hereby consent to the exclusive use of your name, likeness, photograph, presence, presentation, and performance in connection with the WFC Event or the WFC Content, in any and all forms of media, now or hereafter developed, with respect to the Exploitations. Such usage shall only be in direct connection with the WFC Event or in connection with the publication, distribution or other exploitation of the WFC Content and/or its partners and sponsors.
To receive prize money and/or advance to category finals or event finals, You agree both to this waiver of release and a personal services/representation agreement specific to WFC materials and promotion. You agree to participate in any and all forms of media and promotion, now known or hereafter developed, whether related to a promotional or marketing effort or a for-profit endeavor undertaken by the WFC, or any of the Exploitations. Such personal services shall only be in direct connection with the WFC Event or in connection with the publication, distribution or exploitation of the WFC Content and/or its partners and sponsors. The category finalist product entry recipe will become the exclusive property of the WFC for usage throughout publication, distribution or other exploitation as determined by WFC in its sole discretion.
Exclusivity. In the event that the WFC is produced as a television show or series this section will apply, notification will be sent via email to all applicable teams in that circumstance. In the event that you are a category finalist, winner or Final Table participant, you agree that for a period of one (1) year from the conclusion of the WFC Event (the "Exclusivity Period"), you shall not appear on or authorize production of or participate in any way with any other television programming, radio programming, print media, on-line services, merchandising, book publishing or any other media outlet now known or hereafter devised (including but not limited to any television or radio programs or internet-based competitions similar to the Program, such as those consisting of or containing a BBQ cook-off or a cooking contest), or in any commercials or advertisements, without the prior consent of the WFC. In addition, you agree that during the Exclusivity Period, you will not participate in or render services as a host or judge in any television programs, radio programs, internet-based competitions, or competitions through other media, similar to the Program, without the WFC's prior written consent. Except as otherwise required or permitted by the WFC, You shall not advertise or promote your participation in the WFC Event or receive or generate any monetary advantage from your participation in the WFC Event, nor shall You authorize any others to do so, without the prior written consent of the WFC. Without in any way limiting the foregoing, You shall not at any time prepare or assist in the preparation of any written, audio or visual work (including, without limitation, any book, blog, vlog, video on YouTube, or post or message on Facebook, Twitter, MySpace, Vimeo, etc.) or participate in any social media that depicts, concerns or relates in any way to your participation in or in connection with the WFC Event without the WFC's prior written approval.
Grant of Rights
You hereby grant the WFC the right to film, photograph and record Your name, likeness, image, voice, sound effects, biographical material, interview and performance on film, tape, or otherwise (the "Recordings") and to edit such Recordings as the WFC or any third party licensee of the WFC may desire (this shall include without limitation, whether you are aware or unaware of the filming, taping, photographing or recording, and by requiring you to wear a microphone at the WFC's discretion), You and agree to cooperate fully with the WFC in such activities).
You hereby grant the WFC the permission and right to use or authorize the use of the Recordings or any portions thereof in connection with one or more Programs or any other Exploitations (including, without limitation, in connection with all development, production, exhibition, advertising, publicity, promotion, merchandising, subsidiary, allied and ancillary rights related thereto) in all markets, manner, formats and media, whether now known or hereafter developed, throughout the world, in perpetuity for any purpose. If the WFC is required to provide any further release or permission from You for the use of the Recordings, You agree to provide such release within two (2) weeks of receipt of a request for permission.
WFC shall be the sole and exclusive owner of all rights (including, without limitation, copyrights and rights of publicity) in and to the Recordings. Any and all such Recordings are copyrightable and shall be deemed "works made for hire" specially ordered as part of a motion picture or other audio-visual work. To the extent You retain any interest in the Recordings, You hereby grant and assign to WFC all rights of any nature in and to all such Recordings. These rights include, but are not limited to, the rights to use, broadcast, exhibit, distribute, advertise, publicize, promote or otherwise exploit the Recordings and all subsidiary, allied and ancillary rights in or related to the Recordings (including, without limitation, theatrical, digital, television, radio, publishing, merchandising, soundtrack album and other similar rights), for any purpose, by and in any media whether now known or hereafter devised, throughout the universe, in perpetuity, whether as part of a Program, Exploitation or otherwise. The rights granted to WFC also include, but are not limited to, the rights to edit, cut, rearrange, adapt, dub, revise, modify, fictionalize, or otherwise alter the Recordings, and You waive the exercise of any "moral rights," "droit moral," and any analogous rights, however denominated, in any jurisdiction of the world, which You have. Furthermore, the rights granted to WFC include any so-called "rental and lending" or similar rights.
You understand that, in and in connection with the Exploitations, you may reveal and/or relate, and other parties (including, without limitation, employees, agents or representatives of WFC and other Released Parties) may reveal and/or relate information about you of a personal, private, intimate, surprising, embarrassing or unfavorable nature, that may be factual and/or fictional. You further understand that your appearance, depiction and/or portrayal in any Exploitations and your actions and the actions of others displayed in the Exploitations, may be embarrassing or of an otherwise unfavorable nature and may expose you to public scrutiny or ridicule. You acknowledge and agree that WFC shall have the right to include any such information and any such appearance, depiction, portrayal, actions, and statements in the Exploitations as edited by WFC (or its licensees or designees) in its sole discretion.
You agree to indemnify and hold harmless the WFC, the Released Parties and their respective directors, officers, managers, staff members, volunteers, agents, licensees and any seller from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement, or the failure to fulfill any obligations relating to your participation in the WFC Events, incurred by You.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Should any provision of this Agreement be void or unenforceable for any reason, such provision shall be deemed omitted and this Agreement with such provision omitted shall remain in full force and effect. This represents the complete agreement between us. The WFC reserves the right to modify this Agreement at any time, in which case the WFC will make an online announcement on its website and contact You by e-mail, if a valid e-mail address is provided and is still active at the time of notice, which will be deemed sufficient notice.
