Beginning November 1, 2003, Nominators (as defined below) may submit information to E! Entertainment Television, Inc. ("E!") on behalf of Nominees (as defined below) in order for Nominators and Nominees to be considered to appear and participate in E!'s television program titled How Do I Look? (the "Program") on E!'s affiliated Style Network.
1. Eligibility
E! only will accept and consider Submission Materials (as defined below), that are made by English-speaking persons who live in United States and are 18 years of age or older (collectively, "Nominators"). Nominators must never have been convicted of a felony or misdemeanor indicating a crime of violence or moral turpitude (as determined by E! in its sole discretion). Nominator must never have had a restraining order entered against Nominator. Nominator must not have any outstanding warrants for Nominator's arrest. E! shall have the right to determine eligibility in its sole discretion. From the time Nominators transmit Submission Materials to E! through the final date of the Program, Selected Participants (as defined herein) must be permanent lawful citizens and residents residing in United States.
2. Submission Instructions
Nominators may transmit Submission Materials to E! only by:
Internet: Log on to E!'s Website at www.eonline.com and/or www.mystyle.com, follow all submission directions, and provide all required information, including but not limited to Nominator's name, address, age, contact information and information describing each person ("Nominee") who Nominators would like E! to consider to appear in the Program (collectively, "Submission Materials"). Incomplete, illegible, false or deceptive Submission Materials are void. Only one submission per person will be accepted. In the event of a dispute about the identity of a Nominator, each Nominator's Submission Materials will be declared made by the authorized account holder of the email address submitted at time of submission. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
DO NOT SUBMIT TO E! FOR CONSIDERATION ANY PHOTOS OF NOMINATOR OR NOMINEE. E! WILL NOT ACCEPT NOR CONSIDER ANY PHOTOS OF NOMINATOR OR NOMINEE SUBMITTED VIA INTERNET, EMAIL OR OTHERWISE.
3. Selection Process
E! will endeavor to notify by email, mail and/or telephone Nominators that E! will interview to determine whether such Nominator and Nominator's Nominee shall appear and participate in the Program. All Nominators and Nominees who E! chose to appear and participate in the Program (collectively, "Selected Participants") must each sign and return to E! consent and release documents provided by E!. Such documents must be signed and returned by a date and/or time as determined in E!'s sole discretion. Such documents will include, without limitation: (a) a statement that the Submission Materials submitted are the exclusive property of the Nominator submitting such material; and (b) a statement that the Nominator releases, discharges and holds harmless E!, its' respective parent companies, subsidiaries and affiliated and related persons and entities, licensees, successors and assigns and its' respective officers, directors, employees, agents and representatives from any and all losses, damages, claims, liabilities or expenses of any kind or nature, in connection with the Submission Materials and the use of such Submission Materials by E!. In the event of noncompliance with this requirement or E!'s inability to contact a Selected Participant, the Selected Participant may be disqualified. E! shall choose all Selected Participants. The selection of any person(s) to appear and participate in any E!-related properties, including, without limitation, the Program, shall be made in E!'s sole and absolute discretion, and E! is under no obligation to select any Nominators or Nominees to appear and participate in any E!-related properties, including, without limitation, the Program and may use an entirely different method in selecting Nominators and/or Nominees to appear and participate in the Program, in E!'s sole discretion. The decisions of E! shall be final and nonappealable in all matters.
4. Conditions
E! has no obligation to notify Nominators or Nominees of receipt of Submission Materials or whether Submission Materials will be used in any E!-related properties, including, without limitation, possible broadcast on the Program. No Nominator, Nominee or entity shall be entitled to any compensation of any kind or nature whatsoever in connection with any Submission Materials or the use of such Submission Materials by E!. By sending Submission Materials to E!, Nominator represents, warrants and agrees that: (i) Submission Materials will not be returned to Nominator and will become the property of E!; (ii) Submission Materials are solely the original work of Nominator; (iii) neither the Submission Materials nor any part thereof nor the exercise by E! of any rights therein will violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property rights or any other rights of any person or entity; (iv) no third party has or will have any rights in or to the Submission Materials; (v) all of Nominator's respective rights, title and interests in and to all Submission Materials is transferred and conveyed to E!, to the maximum extent permitted by applicable law, so that E! will be the sole owner of all copyrights and other rights therein; (vi) the Submission Materials and my Nominee's and my appearance and participation in the Program (if applicable) will be free and clear of any lien or claim by any person or entity, including, without limitation, any claim by any union, guild or any performing rights society for any payment(s), including any re-use fees; (vii) Nominator will obtain all of the rights, permissions and licenses which may be required to enable E! and its assignees fully to exploit the Submission Materials and my Nominee's and my appearance and participation in the Program (if applicable) in all media and manners, in perpetuity, throughout the universe, as contemplated herein; (viii) the Submission Materials and my Nominee's and my appearance and participation in the Program (if applicable) are not governed by any collective bargaining agreement or subject to any rules, regulations, codes, standards, practices or conditions of any union, labor organization, collective bargaining entity, guild or any performing rights society to which Nominator and/or Nominee may belong, and E! is not binding itself to any membership, allegiance, relationship, agency, performance or requirement of any union, labor organization, collective bargaining entity, guild or performing rights society; and (ix) by appearing and participating in the Program, Selected Participants may be exposed to emotional strain and pressure, ridicule, laughter, scorn, mockery, risk of death, serious injury, illness or disease and/or property damage, as well as embarrassment and/or humiliation.
Nothing in these submission guidelines ("Submission Guidelines") shall require E! to use the Submission Materials in part or in whole or to include the Submission Materials in any E!-related property, including, without limitation, any E! television program. Nothing in these Submission Guidelines shall prevent, restrict or otherwise impair E! from using the Submission Materials or portions thereof at any time in the future. E! shall have full right and power to edit, translate, dub or alter, separate, mix, combine with other material, reuse and adapt any or all portions or elements of the Submission Materials in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose.
In addition, by submitting Submission Materials to E!, Nominator hereby personally indemnifies, releases and holds harmless E!, its respective parent companies, subsidiaries, agents, employees, representatives, affiliates and licensees from and against any claim, loss, liability, damages, including reasonable attorneys' fees and costs, arising out of any breach or alleged breach of any warranty, representation, obligation or agreement of Nominator.
By submitting Submission Materials to E!, Nominator agrees to be bound by these Submission Guidelines and grants to E! the right to use in perpetuity Nominators' names, likenesses, personas, photographs, videos, voices, biographical, address, letters, photos (if applicable) and other information, and Submission Materials, without notice to Nominator and without compensation or obligation, in any and all media now or hereafter known throughout the world, by any and all manners and methods, and for any and all purposes or programs, now known or hereafter devised, including but not limited to broadcast television, non-broadcast television, pay, cable and network television, satellite and closed-circuit transmission, in-flight video, home entertainment (including home video, DVD, CD-ROM in current and future formats, and online services, both commercial and inter networks), linear, digital and interactive formats, Internet, wireless, and printed transcripts, and to advertise and promote E!, their respective products and services, the Program, and for any other purpose.
If Submission Materials are not received by E! as planned by reason of damage by computer viruses, worms or bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, telephone and/or answering service malfunctions, any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, insufficient participation, or any other cause beyond E!'s sole control (collectively, "Force Majeure Event"), or any other cause which, in the sole opinion of E!, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of this Program participant search, E! reserves the right, in its sole and absolute discretion, to modify these Submission Guidelines and/or to cancel, terminate, modify or suspend all or any part of the Program Submission Materials process, and to select Selected Participants from among all eligible Submission Materials received by E! up until the time of such cancellation, termination, modification or suspension, as applicable, or through any other means, or to choose not to select any participant, in E!'s absolute discretion. E! reserves the right in its sole discretion to disqualify any Nominator or Nominee that (i) tampers or attempts to tamper with the search process or operations, (ii) violates these Terms and Conditions, or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or entity. CAUTION: ANY ATTEMPT BY A NOMINATOR OR ANY OTHER PERSON TO DAMAGE OR UNDERMINE THE OPERATION OF THIS SEARCH IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, E! RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND/OR DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF TRANSMITTING SUBMISSION MATERIALS TO E!, NOMINATOR HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THE TRANSMISSION OF SUBMISSION MATERIALS TO E!, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
These Submission Guidelines and all matters or issues collateral thereto shall be governed by the laws of the State of California applicable to contracts executed and performed entirely therein, and Nominator consents to the exclusive jurisdiction and venue of the federal and state courts of California located in Los Angeles, California.
© 2007. E! Entertainment Television Inc. All Rights Reserved. "E!" and "E! Online" are trademarks of E! Entertainment Television Inc.