"Race To The Center Of The Earth" (working title) is an adventure television competition program (the "Program or "Series") produced by Harsh Reality, LLC (the "Producer") and intended for initial exhibition on National Geographic (the "Network"). In each episode of the Series four (4) contestant teams (the "Team(s)"), composed of three (3) contestants (the "Contestant(s)") on each Team compete to complete each Team's different but equally arduous route (the "Route(s)") in order to then complete the "Finale Route" and be the first to find a treasure worth $1,000,000 or the grand prize (the "Grand Prize").
Eligibility Requirements
To be eligible for consideration as a Contestant you must:
1. Be a legal citizen or legal permanent resident of the United States.
2. You must have a valid U.S. passport.
3. You must be twenty-one (21) years of age or older.
4. You must not now, nor have been within the last two (2) years an employee, officer, director or agent of, nor know anyone who is or has been within the last two (2) years an employee, officer, director or agent of:
(a) Producer, the Network, any television station owned, operated or affiliated with the Network or any television station that broadcasts the Program, or any of the respective licensors, assigns, parents, or affiliated or subsidiary companies of the foregoing;
(b) Any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;
(c) Enteractive Solutions Group, Inc. and Sullivan Compliance Company ("SCC");
(d) Any sponsor of the Program or its advertising agency; and/or
(e) Any person or entity supplying services or Prizes to the Program.
5. You must not be a candidate for public office.
6. You must be exclusively available for travel and/or filming for all dates during October 2019.
All eligibility determinations shall be made solely by Producer in its sole discretion and are final and binding in all respects. Producer reserves the right to modify the eligibility requirements at any time.
Producer reserves the right at any time to render ineligible any person who Producer determines, in its sole discretion, is sufficiently connected with the production, administration or distribution of the Program such that his or her participation in the Program would create the appearance of impropriety.
For production insurance purposes, you must be willing to submit your medical information to the Producer and submit to a medical examination, psychological examination, and background check if and to the extent required by Producer. If Producer determines, in its sole discretion, that disclosure to a third party is necessary in the course of the investigation. I specifically authorize investigation of my employment record and government records, including, but not limited to, my motor vehicle records, civil or criminal record, credit and/or consumer report(s).
The contestants will be selected based on a combination of information given in this application form, their accompanying photographs, on-camera audition videos and in-person or skyped interviews (if determined necessary in Producer's sole discretion), the merits of which will be by Producer and/or Network in their sole discretion. All final casting decisions will be made by the Producer and the Network, in their sole discretion. The Producer reserves the right, in its sole discretion, to change the requirements and rules of the contestant selection at any point.
If you are selected as a potential contestant, you must execute waivers and release agreements, including an contestant release agreement and any and all other agreements as required by the Producer or the Network, or any of their licensees, successors or assigns.
APPLICATION INSTRUCTIONS:
By submitting your information, you are agreeing that you have read and agree to the eligibility requirements and release.
RELEASE
1) If you are selected as a potential contestant you must execute waivers and release agreements required by Producer or any of its licensees, successors or assigns.
2) Any offer to become a contestant may be conditioned upon your submission to a background check.
3) You hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) By accepting below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program contestant selection process, and/or from the Program contest (if any), if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a contestant; (v) even if I am selected as a contestant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and Network has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program that I may acquire during the contestant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the contestants are final and not subject to challenge or appeal; and (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a contestant.
(b) By submitting this application, I hereby consent to the recording, use and reuse by Producer, Network, and any of the Released Parties (as defined in Paragraph 5 below) of my voice, actions, likeness, name, appearance (including without limitation via Skype or similar technology), biographical material, and any information contained in, derived from or obtained in connection with my application to be a contestant in the Program or in any materials submitted by me in connection with my application (collectively "Likeness"), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with my application and any other Materials that I have provided or may provide in connection with my application or the Program, including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I further agree that Released Parties may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Released Parties these rights or for signing this application.
(c) I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by me in my application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a contestant in the Program, or any other written or oral statements I make in connection therewith. I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, any branch of the military, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Producer, the persons or entities designated by Producer, and the Released Parties (as defined in Paragraph 5 below) from any and all liabilities arising out of or in connection with any such investigation. I specifically authorize investigation of my employment records, and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, and/or consumer report(s). I acknowledge and agree that any such information obtained by Producer or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting contestants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program.
(d) I understand that the contestant selection process will involve subjective decisions made by certain individuals selected by Producer and Network in their sole discretion. I further understand that Network, Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all contestant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
4) CONFIDENTIALITY. Whether or not I am selected to be a contestant on the Program, I shall keep in strictest confidence and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) including personal social media (i.e. Facebook, Twitter, YouTube, Instagram, etc.) any of the following, which is the exclusive property of Producer or Network: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to Network, the business of Producer or Network, any program produced by Producer or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program contestants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that I sign, have signed or receive from Producer or Network at any time (collectively, the "Confidential Information"). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer result in my being disqualified to participate as a contestant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this application, eligibility requirements and release would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and Network shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by me.
5) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties (as defined herein) from any and all liability arising out of my participation or appearance in or in connection with the Program, including, without limitation, the recording of my Likeness and the Materials, my participation in the contestant selection process of the Program, and any exploitation of the Program, my Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (collectively, the "Released Claims"). Further, to the maximum extent permitted by law, I agree not to sue the Released Parties for any reason based on any of the Released Claims hereunder. The term "Released Parties" shall mean and refer to Producer, Network, any affiliate or station broadcasting the Program, any other licensees or assignees of the Program or the Materials, SCC, the other contestants in the Program, all other persons and entities connected with the Program, each of their respective parent, subsidiary, related and affiliated entities, and all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing.
6) I agree that Producer may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.
7) CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of Califormia, without regard to the conflicts of law provisions thereof.
8) ARBITRATION. I agree that any and all claims, disputes or controversies arising out of or in connection with my application for or participation in the Program that are not otherwise barred or released pursuant to the terms herein shall be resolved exclusively and confidentially by binding arbitration before a single, neutral arbitrator, under the auspices of JAMS using its Streamlined Arbitration Rules and Procedures, through its Los Angeles. California office.
9) LIMITATION OF REMEDIES. I agree that my remedies for any breach of this agreement by Producer or others will be limited to monetary damages, if any, and in no event will I be entitled to rescind this agreement or the rights granted hereunder, or to seek or obtain injunctive or any other equitable relief.
10) SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this
application, which shall be enforced to the maximum extent permitted by law.
11) FURTHER DOCUMENTS. If I am selected by Producer to advance in the contestant selection process, I agree to execute and deliver to Producer its long-form Contestant Agreement and such other documents as Producer deems necessary or advisable regarding my proposed or actual participation.
