Application, Terms and Conditions, Waiver and Release of Liability
TERMS AND CONDITIONS
Stories, ideas, suggestions, essays, contest participation, audio, video, photographs or related materials and any other materials of any kind whatsoever submitted (hereinafter, the "Submissions") will not be returned or kept confidential. All such Submissions may be used: (i) on (the "Website"); (ii) for broadcast or other publication by Z Media and Entertainment, Inc. or any of its affiliated companies, broadcast licensees, entities or assigns, including, but not limited to The RunRite Challenge, Fitness From the Ground Up, Zig Ziegler, (collectively "ZME") or its related companies or entities, including without limitation, its selected broadcast television network and distributed in all markets and media worldwide and in perpetuity.
1) By submitting the your registration, you acknowledge and agree to the following terms and conditions and consent to your name and geographic location possibly being published in connection with the publication, distribution and/or broadcast of your participation(s).
2) Any Submissions by you or our affiliates of you may be shared with The Producers and/or developers of ZME (or its related entities, including, without limitation, its broadcasting network) related programming.
Part 1: General Info about “The RunRite Challenge” episode featuring your competition or story and the Application Process
Several participants will be chosen to be featured in an upcoming episode of “The RunRite Challenge”, and will get the opportunity to meet Zig Ziegler (“the Host”). “The RunRite Challenge” (“Series) is co-produced by Arion Pictures (“Producers”). The Producers and the Host will select the participants to be featured as part of this TV programming at their sole discretion.
1) You must be at least 14 years old and have the signature of a legal guardian.
2) You must be a legal U.S. resident.
3) You must be ready to travel at a moment’s notice as determined by Producers at their sole discretion, and be available for approximately 1-2 days during production of the “The RunRite Challenge” episode of the Series.
The Application Process
To be chosen to participate in an “The RunRite Challenge” episode, you may be asked to upload a videotape to The RunRite Challenge or Fitness From the. The main purpose of the video is for us to meet you and find out why your story deserves to be featured on an upcoming episode of the Series.
The more you tell us, the better!
FOR THE VIDEO (If requested by the company):
1) The Producers and the Host will be screening these videos. Feel free to address them in your video, tell them your story and why they should choose you.
2) Why is it compelling?
3) Why would we want to visit (or have you visit us) and participate in your story?
4) Be yourself, let your personality and the uniqueness of your story shine through!
5) Please know this video could be used on television so make sure appearances are fit for TV.
WHO'S ELIGIBLE FOR PRIZES
Participants age 14 and older with no collegiate eligibility remaining are eligible for cash prizes and college scholarships.
High School division participants with collegiate eligibiity are only eligible for college scholarships. Any high school athlete who receives an athletic scholarship from a college or university may chose to decline the scholarships or defer receipt of prizes until graduate school.
Employees or family members ofZ Media and Entertainment, The Learning Challenge (TLC), ESPN Radio and its affiliates, ABC Television (American Broadcasting Company) and its affiliates, ESPN, Fitness From the Ground Up, Barefoot Science, Inc., RoadRunner Sports, or any sponsor or advertiser, and representatives of either company, and employees, their family members of any sponsor or advertiser are
INELIGIBLE TO WIN.
* ALL AWARDS WILL BE ISSUED IN ACCORDANCE WITH RULES FOR MAINTAINING AMATEUR ATHLETIC STATUS.
*NO ATHLETE WHO INTENDS TO COMPETE FOR A COLLEGE OR UNIVERSITY SHALL BE AWARDED CASH OR PRIZES THAT EXCEEDS THE COST OF COLLEGE OR UNIVERSITY EXPENSES WHEN COMBINED WITH ATHLETIC SCHOLARSHIPS OR OTHER FEDERAL FINANCIAL ASSISTANCE.
*All participants age 14 and older are eligible for college scholarships. For those athletes who achieve athletic scholarships for their participation in a particular sport, may defer receiving any cash prizes until graduate school or the completion of their NCAA, NAIA, NJCAA eligibility.
* High School division participants with collegiate eligibility are also eligible to compete for the opportunity to raise funds for their athletic department. Those student athletes who have completed their senior season of participation and do not receive a college scholarship award, may be eligible to convert college scholarships to cash awards.
* Athletes still competing may not be eligible for college athlete scholarships in the event they choose to accept college scholarships awarded if they are entered as an individual in competition and intend to participate in any sport in college.
* Any awards given to student-athletes with collegiate eligibility may count against a prospective collegiate programs scholarship totals. Any high school student-athlete who receives a full athletic scholarship from a college or university is ineligible to compete as an individual BUT IS ELIGIBLE to compete as part of the fundraising efforts for a school/club team.
*Employees or family members of TLC (The Learning Channel), ESPN Radio and its affiliates, ABC Television (American Broadcasting Company) , Fitness From the Ground Up or any sponsor or advertiser, and representatives of either company, and employees, their family members of any sponsor or advertiser, and any affiliates are INELIGIBLE to win.
Terms and Conditions, Waiver and Release of Liability
By submitting an application, each applicant agrees to release, discharge, indemnify and hold harmless Producers, the Host, known sponsors of the Series or their advertising agencies, any television station, and/or any of their respective employees, officers, directors, representatives, agents, parent, subsidiary, or affiliated companies, licensees, partners or assigns from any and all claims and damages arising out of his/her participation in the application process or the Series itself, including, without limitation, any and
all claims from applicant.
Applications will only be considered if they are complete. Complete applications consist of the following:
1) Completed application form (including the fully executed Terms, Conditions, Waiver and Release of Liability).
2) Upload video (no longer than 3 minutes in length) to the “The RunRite Challenge" clearly labeled with your name.
3) A recent (not older than 6 months, please) photo, emailed along with your Application Form and
the name of your video.
4) Detailed description of your story sharing with us why you want to improve your running performance (up to 500 words).
Please email Application to: email@example.com. By submitting this application, applicant confirms that he/she is willing to:
a) Be ready and available to be accepted as a participant and, if selected as a participant, to travel without any prior notice as determined by the Producers at their sole discretion.
b) Abide by all applicable U.S. and state laws during the application process and, if selected, during the period in which the episode featuring your story on the Series are being taped.
c) Upon signing release forms required by Producers that applicant is aware that all activities in the Series may expose applicant to significant risks and hazards, including death, serious injury, illness and property damage caused by the participation in the Series. Applicant does hereby agree to release, discharge, indemnify and hold harmless Producers, the Host, known sponsors of the Series or their advertising agencies, any television station, and/or any of their respective employees, officers, directors, representatives, agents, parent, subsidiary, or affiliated companies, licensees, partners or assigns from any and all claims and damages arising out of applicant’s participation in the application process or the Series, if applicant injures himself/herself or a third party, or if applicant or a third party suffer any property damage.
d) Applicant assumes full responsibility for any loss of the Submitted Material for any reason including, without limitation, whether it is destroyed in connection with electronic submission (if permitted), mailed submission or otherwise. Applicant shall have no obligation to read or consider the Submitted Material or to return the Submitted Material to the Producers.
e) Applicant agrees that applicant’s name, voice and likeness may be used in perpetuity throughout the World as part of the Series or any other program of Producers, or as part of the advertising, publicity and promotion for the Series, in any and all media now known or hereafter devised.
f) Applicant shall be required to sign these Terms and Conditions, Waiver and Release of Liability. If applicant is selected to participate, before applicant can participate in any manner whatsoever with respect to the Series, applicant shall be required to re-execute this document (as amended, if required by Producers at their sole discretion), and to sign a Participant’s Release and a Confidentiality Agreement and any other documents that Producers deem necessary for applicant to participate in the Series (all of which will be furnished to the applicant after being told by Producers that his/her application has been approved). In addition, as part of these Terms and Conditions, Waiver and Release of Liability, applicant must agree among other things, to assume the risk of any and all injury, illness, death, damage, loss, or harm to applicant or applicant’s property, howsoever caused, resulting from or arising out of the selection of applicant, applicant’s participation in the Series, and/or the production and/or exploitation of the Series. By agreeing to the terms of the Confidentiality Agreement, applicant will be required to, among other things, treat all information and material received or acquired in connection with applicant’s participation in the selection process and Series (if selected), including, without limitation, the progress, results and outcome of the episode, as strictly confidential and shall be strictly required to not disclose any such information to any third party. Without limiting Producers’ right to obtain other relief from applicant, any breach of the Confidentiality Agreement will subject applicant to substantial liquidated damages in accordance with the terms of the Confidentiality Agreement.
g) Due to the high volume of applications, submissions, or participants in events, Producer cannot respond to every applicant who applies to appear on the Series.
h) Producers reserve the right to stop applicant’s participation in the Series at any time for any reason, including but not limited to health, safety, legal and other reasons at their sole discretion, with no further liability to applicant. Applicant agrees to accommodate production needs as it relates to technical requirements, scheduling changes, production requirements, etc. as deemed necessary by Producers at their sole discretion. Producers reserve the right to change or amend this application at their sole discretion. All decisions of Producers are final and at their sole discretion.
i) Producers shall not be liable for any problems or delays with respect to, but not limited to, acts of God, war, riots, travel delays, human, technical, mechanical or electronic malfunctions or any individual’s inability to apply or participate in the Series. Producers reserve the right to decide whether to continue filming the selected story and to alter or add to the episode, at their sole discretion, without changing the integrity of the story.
j) The selection of the applicants will be made by the Producers and the Host based on such criteria as Producers and the Host shall solely determine which criteria may be highly subjective. Producers and the Host are not obligated to select anyone, even if someone meets all eligibility requirements and all criteria for selection. Producers’ and the Host’s decisions regarding the number and selection of applicants are final and not subject to challenge or appeal. Producers also reserve the right to change the format of the Series, to change the application process, the rules and process of the participation, and the elements of the actual episode. All decisions of Producers are at their sole discretion and final in all matters relating to all aspects of the applicants and their story. In the event that two or more stories are similar in nature, Producers’ reserve the right to choose one of such stories at their sole discretion.
I, the applicant, have read the above stated Terms and Conditions, Waiver and Release of Liability. By signing this application, I agree to the above stated terms and conditions and agree to release or discharge, indemnify and hold harmless Producers, the Host, known sponsors of the Series or their advertising agencies, television station, and/or any of their respective employees, officers, directors, representatives, agents, parent, subsidiary, or affiliated companies, licensees, partners or assigns from any and all claims and damages arising from my participation in the Series. I am aware that in some states A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding, this Agreement shall constitute a full, final, and complete release, accord and satisfaction of each and every claim released hereunder that I have or may have, at any time, against you. To the maximum extent permitted by law, I knowingly and voluntarily waive any claims or provisions known or unknown to me which may be in my favor related to this agreement, as well as any other statute, law or rule of similar effect of any other jurisdiction throughout the world, and acknowledge and agree that this waiver is an essential and material term of this Agreement. I represent that I understand and acknowledge the significance and consequence of the releases I have made herein and of my waiver of any rights I may have under any civil or consumer statutes, laws and rules related to this agreement. Without limiting the foregoing, I further expressly waive and release all rights to seek and/or obtain injunctive or other equitable relief (including rescission hereof) against you, in connection with this Agreement and any exploitation of the Submitted Material and in connection with any other material, whether or not in whole or part identical with or similar to the Submitted Material. Further, I attest that I meet and will meet all of the Eligibility Requirements, and that all of the statements and facts made in this application by me are true and accurate. I agree that any action, proceeding or litigation concerning this agreement or my appearance or participation in the Series may only be brought in Maricopa County, Arizona, and that, subject to the arbitration proceeding below, the courts of Maricopa County, Arizona, shall have exclusive jurisdiction over me and the subject matter of any such proceeding. I agree that any and all disputes or controversies arising under or relating to this release or any of its terms, including without limitation the applicability of this arbitration provision, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this release, or any provision thereof, and any and all disputes or controversies arising under or relating to my possible appearance or participation in the Series, shall be resolved by binding arbitration conducted in accordance with the applicable rules of JAMS or its successor (“JAMS”), through its Phoenix, Arizona office. Any such arbitration shall be conducted by a single, neutral arbitrator, who shall also be a retired judge of a state or federal court, experienced in entertainment disputes, and selected from JAMS’ panel of arbitrators proffered by its Phoenix, Arizona office. If the parties cannot agree upon an arbitrator after good faith discussion, the arbitrator shall be chosen by JAMS pursuant to the requirements of this paragraph. I agree that the arbitrator’s ruling in the arbitration shall be final and binding and not subject to appeal or challenge. I further agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties; provided that such arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties each first agree in writing that such information and documents will be treated by them as confidential, consistent with this provision. Notwithstanding the foregoing, I agree that nothing in this paragraph or in any of the applicable rules of JAMS, shall prevent Producer, or its assignees from seeking provisional relief
outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator’s final decision. In any and all respects, the Federal Arbitration Act (9 U.S.C. § 1, et seq.) or its successor statute shall apply and govern the enforcement of this arbitration clause. I further acknowledge that the business realities of reality competition and talk show television productions, including the Series, create special circumstances for which Releasees must be able to maintain its ability to seek injunctive relief and/or other equitable and/or provisional remedies. For example, a participant’s premature or threatened disclosure in violation of the confidentiality provisions of this Agreement could result in a reduction of audience interest or other diminution in the value of the Series or Releasees’ rights hereunder, which would cause Releasees irreparable injury and damage that could not be reasonably calculated or adequately compensated by damages in an action at law. Accordingly, I hereby expressly agree that Releasees shall be entitled to injunctive and other equitable relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this agreement.
I agree to all of the written above by clicking submit and sending an electronic version of the show's submission form via internet and I agree to re-execute this form immediately if the Producers request me to do so.