RULES AND ELIGIBILITY REQUIREMENTS
All applicants must sign statements acknowledging that they have read, understand and will comply with all of the following eligibility requirements (“Eligibility”) of the program currently referred to as the “24 Hour Restaurant Battle” (the “Program”) in order to proceed with the application process:
ELIGIBILITY REQUIREMENTS
1. Employees, officers, directors and agents of CBS EYE too Productions, A Unit of CBS News Inc. (“CBS” or “Producer”) and its respective affiliates, subsidiaries, divisions, parent corporations, and joint venture partners (collectively with Producer the “Released Parties”), all Program advertising, promotional and judging agencies, Program broadcasters and distributors and all other companies associated with the production, administration and/or exhibition of the Program and/or any of their respective licensees, assigns, parents, affiliated and subsidiary companies, divisions, and joint ventures as well as (a) the immediate family (spouse, ex-spouse, mother, father, sister, brother, daughter or son, step-parents, step-children, step-siblings, regardless of where they live), and (b) members of the same households (whether related or not) of such employees, officers, directors and agents, are not eligible to participate in this application process. In addition, any applicant closely acquainted with any person connected with the production or administration or exhibition of the Program is not eligible if, in Producer’s sole discretion, the person’s participation could create the appearance of impropriety.
2. Producer is looking for teams comprised of between two (2) and five (5) people who have pre-existing relationships with one another.
3. All applicants must be at least twenty-one (21) years of age at the time of application. Applicants may not presently be a candidate for any type of political office (“Candidate”) and may not become a Candidate from the time the application is submitted until one (1) year after first broadcast of the last episode of the Program in which they appear.
4. All applicants must be United States citizens or resident aliens living in the United States with a legal right to live and work in the United States.
5. All applicants must be in excellent physical and mental health.
6. Applicants will be ineligible if, as of March 15, 2010 (the “Application Filing Deadline”) they have any type of contract for talent representation (for example, a talent agent or manager), an acting contract, a television hosting contract, a merchandising agreement, or any other contractual arrangement that would prohibit applicant from entering into a talent contract, management contract and/or merchandising contract with Producer. If you are selected to appear on the Program as a contestant (“Contestant”), you will be required to provide evidence in a form that is satisfactory to Producer, in its sole discretion, that any such agreements or contracts will not prohibit or limit in any way your obligations to Producer, as set forth herein, and in accordance with such other directives of Producer.
7. Applicants may apply in one way, on or before the Application Filing Deadline:
• ATTEND AN OPEN CALL & BRING YOUR COMPLETE APPLICATION All Open calls and information relating thereto will be posted at: www.24 hourrestaurantbattle.com
8. Applications must include: one (1) Photograph of you with teammate(s) and one (1) photograph of yourself, each clearly labeled with your names. Depending on how you apply they can either be, brought to the open call or e-mailed (with your application).
9. Applications MUST be written clearly or typed.
10. Applications must be received by the Application Filing Deadline.
11. From among all the completed applications Producer receives, staff and consultants Producers will evaluate each application on a number of subjective factors, all of which have the aim of determining which applicants have what it takes to be a Contestant on the Program. Producers will be looking for teams comprised of between two (2) and five (5) people who have the skills to run a restaurant and Producers will be looking at personality in order to select the Contestants. Applicants must be willing, if requested by Producer, to (1) participate in one or more telephone interviews with Producer and (2) provide additional materials as may be requested by the Producers
12. Each person on the team must fill out an application. Only one (1) application per person will be accepted. Applicants who submit more than one (1) application will be disqualified.
13. All applications (including all materials submitted in connection with each application or submitted as supplemental materials requested by Producer) will not be returned and will become the property of Property, which shall have the sole and exclusive right to use the applications in any manner throughout the universe in perpetuity, as set forth in greater detail in the release, also on the www.restaurantshow.wordpress.com. website.
14. If you are chosen to be a Contestant on the Program, you must furnish One (1) legible photocopy of EITHER (1) your passport; OR (2) driver’s license; OR (3) social security card AND birth certificate.
15. By applying for participation in the Program, you authorize Producer to conduct civil, family court, criminal, financial, driver history and any other type of background check deemed necessary by Producer. Producer reserves the right to disqualify any applicant from further consideration based on the results of such background check in Producer’s sole discretion.
16. All applicants acknowledge and agree that if they are selected to be a Contestant on the Program and are required to travel to a location to be determined by the Producers they will be required to enter into a release and agreement with Producer prior to such travel. Further, such selection will (i) render applicant exclusive to Producer for a pre-determined period of time (meaning that applicant would not, among other limitations, be able to appear on any other broadcast or cable television programming or make public without Producer’s express written permission in each circumstance); (ii) give Producer the right to use applicant’s name, image, and/or likeness in Producer’s programming or in merchandising or in other ancillary media (including a cookbook), at a rate of compensation and in accordance with such terms and conditions that shall be determined by Producer in its sole discretion; and (iii) limit the ability of applicant’s ability to enter into commercial endorsements.
17. If you are selected to be a Contestant on the Program (i) you will be required to film for up to 1 week in March, April or May 2010 (or as otherwise scheduled by Producers) (ii) participate in the selected dates for a media tour in connection with the Program’s premiere and promotion of the Program. (iii) if applicable, Producer will furnish you with economy class air transportation, housing (with other cast members for the duration of the shoot), meals and a per diem while on the show. Applicants who will not be available for all of those dates will be disqualified.
18. When the Contestants travel to location for the show, participation will entail long days (e.g., 10 to 12 hours) in the restaurant, in front of television cameras, These daily exercises will be taped and used in connection with the Program. At all times when the Contestants are in New York, the Contestants will be subject to the instructions, directives, and schedules dictated by Producer; non-compliance with such instructions, directives, and schedules will result in disqualification.
19. Each applicant acknowledges, understands and agrees that he or she, if chosen as as a Contestant may be audio and/or video taped twenty-four (24) hours a day, seven (7) days a week while participating in the Program by means of open and hidden cameras, whether or not he or she is then aware that he or she is being videotaped or recorded (collectively, “Recordings”) and that such Recordings may be disseminated on television and/or all media now known or hereafter devised, in any and all manner throughout the Universe in perpetuity.
20. All applicants understand and acknowledge that participation in the Program, including, without limitation, the activities and events arranged by the Program coordinator (including, but not limited to, use of stoves, ovens, knives and other kitchen equipment) may expose applicant and other participants to the risk of death, serious injury, illness or disease and/or property damage. Applicants must be willing and able to participate in physical activities related to working and performing in a kitchen (including using stoves, ovens, knives and other kitchen equipment), on location, on television sets, and the like. Applicants must sign a release attesting to the fact that the applicant understands and knowingly and willingly agrees to assume such risks. Applicants understand that by submitting an application for the Program, applicants acknowledge that they accept and assume all risks known or unknown of any nature (including, without limitation, the foregoing) that may arise in any way from or relate to applicant’s participation in the selection process for and/or participation in the Program.
21. Each applicant acknowledges, understands and agrees that Producer may disclose any information contained within or derived from his or her application to third persons connected with the Program and to compile information from third parties in connection with such application and the application process about applicant’s private, personal and public life, relationships with third persons, confidences and secrets with family, friends, significant others, including without limitation: physical appearance; personal characteristics/habits (both physical and mental); medical treatment/history (both physical and mental); educational and employment history; military history; criminal investigations, charges and records; personal views and opinions about life, food, cooking, television, the media, and the like (collectively, “Personal Information”). Applicant acknowledges and agrees that Producer may reveal such Personal Information to third parties in the course of the application process and/or the Program and that Applicant releases, discharges, and holds harmless the Released Parties (as defined above) from any and all claims and damages arising from such compilation or disclosure of Personal Information.
22. Applicants acknowledge, understand, and agree that the Released Parties’ use or revelation of Personal Information and Recordings as defined in these Eligibility Requirements may be embarrassing, unfavorable, humiliating, and/or derogatory and/or may portray him or her in a false light. Each applicant agrees to release, discharge and hold harmless the Released Parties from any and all claims (including, without limitation, claims for slander, libel, defamation, violation of rights of privacy, publicity, personality, and/or civil rights, depiction in a false light, intentional or negligent infliction of emotional distress, copyright infringement, and/or any other tort and/or damages arising from or in any way relating to the submission of an application, participation in the selection process, participation in the Program, the use of the Personal Information or Recordings and/or the use of the applicant’s name, voice, and/or likeness in connection with the Program, or the promotion thereof in all media now known or hereafter devised. Applicants are required to sign Releases to this effect.
23. Each applicant acknowledges and agrees that he or she is not and will under no circumstances as a result of the submission of an application, participation in the selection process, participation in the Program, the use of the Personal Information or Recordings and/or the use of the applicant’s name, voice, and/or likeness in connection with the Program, the promotion thereof in all media now known or hereafter devised or for any other reason in connection with his or her application and/or participation in the Program become an employee or an independent contractor of the Producer and/or Released Parties and will not make any claims against Producer and/or Released Parties, including, without limitation, claims for compensation, derived from any allegation of status as an employee. Each applicant acknowledges and agrees that his or her relationship to Producer and/or Released Parties is and shall be limited solely to that of a grantor of rights.
24. Any applicant who has appeared on or is involved with any television program or other media must disclose such information in his or her application and may, at Producer’s sole discretion, may be deemed ineligible to participate in the Program. If any applicant is currently being considered as a contestant and/or participant in a television show, he/she must withdraw his/her application from such show upon Producer’s request.
25. All applicants who are selected as Contestants must complete and timely return the “Contestant Package,” which may include, among other documents: a General Release and Indemnity Agreement; Confidentiality Agreement; and General Exclusivity Agreement (all forms will be furnished to the Contestant). By signing these documents, each contestant will agree to assume the risk of any and all injury, illness, damage, loss, or harm to contestant’s person or property of any kind, howsoever caused, arising from or relating to the submission of an application, the selection of contestant, and/or Contestants’ participation in the Program, and/or the production and/or exploitation of the Program. We reserve the right to ask any additional needed questions and require that you submit specified original recipes to be used for the programs and by the network.
26. All applicants who are selected as Contestants will be required to meet all physical and psychological requirements, as determined by Program.
27. Contestants shall treat all information and materials received or acquired about Producer, Released Parties, the selection process and/or the Program, as strictly confidential and shall not disclose or otherwise disseminate any such information to any third party. Contestants must sign a Confidentiality Agreement in the form presented by Producer.
28. Upon Producer’s request, all Contestants must agree to sign any additional releases or authorizations that Producer, in its sole discretion, deems necessary.
29. The Contestants must report and be available to participate in the Program at all times and places as Producer shall designate.
30. All decisions related to the selection of the Contestants, the application evaluation, and eligibility requirements, shall be subject to change at Producer’s sole discretion. Producer reserves the right to disqualify an applicant at any time, to modify these requirements or any aspect of the Program as it deems necessary, and to cancel the production and development of the Program or any programming contemplated hereunder.
