In connection with submitting the application to Producer for consideration for participation in the Program, you represent, warrant, and agree as follows:

(i) you have read the application questions and have answered them honestly and accurately;

(ii) if any information you provide to Producer is found to be false or incomplete, Producer shall have the right to:
     (a) terminate its review of this application;
     (b) dismiss you from the Contestant selection process;
     (c) if selected as a Contestant, dismiss you from any episode of the Program; and/or

     (d) if you have been awarded a Prize, revoke the Prize;

(iii) even if you meet the eligibility requirements (see Eligibility Requirements above), Producer will have no obligation to interview you and/or select you as a Contestant;

(iv) you shall not be entitled to any compensation whatsoever for completing this application or for participating in this selection process;

(v) Producer may rely upon the information provided hereunder as it relates to the Contestant selection process and/or the development of the Program;

(vi) Producer will have no obligation to use any information that you provide or to complete, distribute, exhibit or exploit the Program;

(vii) your remedies for any breach of this agreement by Producer or others will be limited to an action for damages and in no event will you be entitled to rescind this agreement or seek injunctive or any other equitable relief in connection with the production, distribution, exhibition, exploitation, advertising and/or promotion of the Program, Series or the rights therein.  In connection with the foregoing releases, I hereby expressly waive any and all rights and benefits conferred by the provisions of Section 1542 of the California Civil Code or by any similar law or provision of any jurisdiction throughout the world.  Section 1542 reads as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”;

(viii) all decisions by Producer concerning selection of the Contestants shall be made in Producer’s sole discretion, and all decisions are final and not subject to challenge or appeal;

(ix) you will be submitting your own video and you may also be taped, filmed and/or otherwise recorded in connection with the Contestant selection process for the Program.  Whether or not you are selected as a Contestant, Producer and its successors, licensees, and assigns shall have the absolute and irrevocable right (but not the obligation) to use your name, biographical data, video submission, picture and other reproductions of your physical likeness and voice (as the same may appear in any still camera photograph, any motion picture film or tape or otherwise) in and in connection with the exhibition, advertising and/or promotion of the Program, in all media in any manner, whether now known or hereafter devised, throughout the universe in perpetuity;

(x) you have the full right and authority to grant all rights granted herein without the consent of any third party, and Producer's exploitation of such rights and use of any materials submitted by you in connection herewith (including, but not limited to, this application and your video submission) as permitted hereunder will not infringe upon the rights of any third party;

(xi) Producer has no obligation to return to you or keep confidential any materials submitted as part of this application, whether or not you are selected as a Contestant;

(xii) you understand and acknowledge that your appearance on the Program does not fall under the jurisdiction of any SAG or AFTRA agreements (whether or not you may be a member of either such guild).  Your appearance and participation in any aspect of the Program is not a performance, and you are not portraying any role or part or taking direction as a performer, but are appearing as yourself. 

(xiii) if selected as a Contestant, you will sign and return a Contestant release, official game rules, and all other forms and releases required by Producer in its sole discretion;

(xiv) if selected as a Contestant, you may be disqualified at any time for any reason, including but not limited to failure to follow the rules, misrepresentations made in your application, violation of the law or any other reason; and

(xv) determination and awarding of a Prize, if any, may depend on whether the Program is telecast and shall be made in Producer’s sole discretion, which decision is final and not subject to challenge or appeal.

(xvi)  except as specifically authorized by Producer and CBS, you will not yourself, disclose to any party any information or trade secrets obtained or learned by you about the Program, including, without limitation, any information concerning or relating to the Program, the participants, the events contained in the Program or the outcome of the Program, for a period from the date of this agreement until three (3) years after the initial broadcast of the last episode of the Program (i.e., the last episode of the Program as a whole, as distinct from the set of episodes in which you may be included as a contestant).  Without limiting the foregoing in any way, you will not yourself, and you will not authorize others to, prepare or assist in the preparation of any written work, any audio work, visual work or any audio-visual work that depicts, concerns, or relates in any way to the Program.  You agree that disclosure by you in violation of the foregoing shall constitute and be treated as a material breach of this agreement and, in addition, shall cause you to pay Producer and CBS total liquidated damages in the amount of $5,000,000 plus reasonable attorneys’ fees (collectively, the “Liquidated Damages”).  You understand and agree that it would be extremely difficult and impracticable under presently known facts and anticipated facts to ascertain and fix the actual damages that Producer and CBS would incur if you breach the terms of this paragraph.  Accordingly, you agree that the payment of the Liquidated Damages as set forth above accurately reflects the damages that Producer and CBS would otherwise incur.  You hereby expressly waive and relinquish any right which you may have to seek to characterize the Liquidated Damages hereunder as a penalty, and further agree that such Liquidated Damages represent a fair and reasonable estimate of the Producer’s and CBS’s actual damages if you breach the provisions of this paragraph;

(xvii) this agreement shall be deemed to be entered into inLos Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements executed and performed entirely within the State of California.  Subject to the arbitration provision below, any action, proceeding or litigation concerning this agreement or your appearance or participation in the Program may only be brought in Los Angeles County, California, and you hereby agree that the courts of New York County, New York, shall have exclusive jurisdiction over you and the subject matter of any such proceeding. 

(xviii) you agree that any and all disputes or controversies (regardless, by way of example only, whether such disputes or controversies are between producer and/or the network or any other television network, on the one hand, and you, on the other hand; between another contestant and you; or between you and the program host) arising under this agreement or any of its terms, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this agreement, or any provision thereof, and any and all disputes or controversies relating to your appearance or participation in the program, shall be resolved by binding arbitration in accordance with the following procedure:  either (i) producer and/or network, on the one hand, and you, on the other hand, shall mutually select an arbitrator, who shall be a retired judge of a state or federal court or (ii) if the parties cannot agree on such arbitrator, producer and/or network on the one hand, and you, on the other hand, shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court.  All arbitration proceedings shall be conducted under the auspices of the American Arbitration association, under its commercial arbitration rules, through its New York, New York office.  You agree that the arbitrator’s ruling, or arbitrators’ ruling, as applicable, in the arbitration shall be final and binding and not subject to appeal or challenge.  You 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.  Notwithstanding the foregoing, nothing in this paragraph or in any of the applicable rules of the AAA shall prevent the producer or CBS from seeking provisional relief outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator’s final decision; and

(xviv)  any provision of this agreement that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this agreement invalid, illegal or unenforceable in any other jurisdiction.  This agreement along with the Eligibility Requirements, instructions and rules (as such instructions and rules are provided by Producer and may change from time to time at Producer’s sole discretion), express the entire understanding between you and Producer and replaces any and all former and contemporaneous agreements, understandings or representations between you and the Producer and cannot be amended except by a written instrument signed by you and Producer.  Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived.  No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both you and Producer.  No waiver by Producer of any term or condition of this agreement will be construed as a waiver by Producer of any other term or condition; nor will any waiver by Producer of any default under this agreement be construed as a waiver by Producer of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.  Producer may freely assign, in whole or in part, any of their rights or obligations under this agreement.  You may not assign your rights and obligations under this agreement.

Please indicate your agreement to the foregoing by signing in the space provided below.