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Applicant
Rules, Acknowledgement, Release and
Consent
All official
rules and regulations governing the
DreamMakeover Tri Cities Promotion are
posted and maintained on the official
web site www.DreamMakeoverTC.com
.
Dates
The
DreamMakeover Tri Cities
Promotion (the “Promotion”)
commences on September 7, 2004 and all
applications intended for consideration
must be received by 5:00 pm, PST, on
Friday November 12, 2004. DreamMakeover
procedures and services will begin
starting on or about January 2, 2005.
The promotion will end with a Gala
Unveiling Benefit on Friday April 22,
2005at the Three Rivers Convention
Center, in Kennewick Washington.
Promotion Organizer
Promotion
Organizer as referred to herein,
include: DreamMakeover, LLC, (the
“Promotion Organizer”).
Purpose of Promotion
The
purpose of the Promotion is to raise the
level of awareness of modern
image-enhancement medical/dental
procedures, and image-enhancement
products and services available today in
our community, and to showcase local
talent and businesses which can provide
the same to members of our community.
The DreamMedia
The
DreamMedia include: KNDU TV, Fox11 TV,
New Northwest Broadcasters, Tri-Cities
Journal of Business, DREAMarketing and
Obie Media (“DreamMedia”).
Additional advertising has been
secured in the Tri-City Herald, The
Entertainer and TidBits.
The DreamTeam
The
DreamMakeover DreamTeam includes: Dr.
Lee Ostler, Dr. Michael Taylor, Dr.
Michael Warner, Advanced Laser Clinics
of Tri Cities, and other regional
businesses providing makeover services.
(“DreamTeam”).
DreamMakeover Sponsors and
Advertisers
DreamTeam
Sponsors will include any and all
advertisers, businesses, or other
private and commercial entities whose
monetary and/or like-kind support
underwrite, compensate, or otherwise
contribute to the financial well-being
of the Promotion, whether that purpose
be self-serving or that of the greater
good of the Promotion and/or its
charitable objectives.
Participation
The
chosen DreamMakeover Tri Cities
Participants will receive appropriate
and indicated procedures and products to
include: cosmetic surgery, cosmetic
dentistry, laser hair removal, skin
renewal/rejuvenation, Botox skin
injections, laser eye surgery, and other
medical/dental procedures as deemed
appropriate by the Promotion Organizer
and DreamTeam Members. Additionally, and
upon the same conditions, Participants
will enjoy fitness, nutrition and
lifestyle coaching, fashion
consultations with wardrobe and clothier
outfitting, and hair, makeup and skin
consultations, and other products and
services which will be included as a
part of this Promotion.
Rules and Regulations –
Qualifications
- You must be at least 21 years of age.
- No purchase is necessary to apply for DreamMakeover
Tri Cities.
- You must be a U.S. citizen and a resident of Benton,
Franklin, Walla Walla, Umatilla, or
Morrow counties of Washington or
Oregon.
- Candidates must be in excellent mental and physical
health.
- You must be willing to submit medical information and
submit to a medical examination,
psychological examination,
background check, and independent
legal review.
- Only one application per person is allowed. All
decisions of the Promotion Organizer
or their assigns are final and
absolute and not subject to inquiry
or appeal.
- You or any of your immediate family members (spouse,
ex-spouse, parents, siblings,
children) and household members
(whether married or not) may not be
employees, officers, directors,
representatives or agents of
DreamMakeover LLC, any member of the
DreamMedia or DreamTeam, any known
sponsors of the Promotion or their
advertising agencies, and/or their
respective parent, subsidiary, or
affiliated companies, licensees
partners and assigns.
- You must be willing and able to participate in all
aspects of the Promotion which may
include, but is not limited to:
application, interviewing and
selections process, receiving
indicated medical and dental
procedures, remaining available and
participative in all aspects of the
Promotion, including media coverage
and the Gala Reveal Unveiling.
- You must be willing and able to allow your image and
likeness to be used throughout the
Promotion and thereafter, by
Promotion Organizer, the DreamTeam,
and the DreamMedia in marketing,
public relations, and advertising
efforts, without any further
expectation of benefit or gain.
Participants' acceptance of
Promotion services constitutes
permission to use his/her name,
photograph, and likeness for the
purposes of advertising and
promotion on behalf of the Promotion
Organizer without compensation. You
must be willing to participate in,
and remain available for interviews
with the media, news broadcasts, etc
as will be made available or pursued
with the local media outlets before,
during and after the Promotion.
- The DreamMakeover
Tri Cities participants are
responsible for transportation
to/from all procedures and must
follow all post-operative
instructions provided by the
healthcare professionals and other
businesses comprising The DreamTeam.
Restrictions and Disqualifications
- Incomplete or fraudulent or deceptive applications
will immediately be removed from
consideration.
- You or any of your immediate family members (spouse,
ex-spouse, parents, siblings,
children) and household members
(whether related or not) may not be
employees, representatives, or
agents of The DreamTeam, The
DreamMedia, or any person or entity
connected with DreamMakeover LLC.
- There must not be any outstanding criminal warrants
for you, or outstanding criminal
charges against you. You must never
have been convicted of a criminal
offence, had a misdemeanor or felony
criminal judgment entered against
you in a court of law, or have been
convicted of crimes of dishonesty or
moral turpitude.
- Participants found to be lobbying outside of these
guidelines, rules and regulations,
or proving to be a distraction from
the purposes of the Promotion, as
solely determined by the Promotion
Organizer and/or its agents, will be
disqualified from consideration
and/or removed from the Promotion.
- If a prospective DreamMakeover
Tri Cities participant is
unwilling or unable to comply with
these DreamMakeover
Tri Cities Promotion rules
and regulations, the awarded
products and services may be
forfeited and/or the participant may
be removed from the promotion, at
the sole discretion of the Promotion
Organizer.
Guarantees and Disclaimers
- All services, awards and products must be accepted as
awarded. There are no substitutes or
cash value.
- Selection as a participant does not guarantee present
or future delivery of services or
products offered in this promotion.
No promises, guarantees or
assurances are offered by Promotion
Organizer or DreamTeam Members that
any or all procedures and/or
products offered will be offered to
any given Participant. All
procedures and products will be
chosen and applied that best fit the
needs and wants of the Promotion
Organizer, AND which are deemed
appropriate to the individual
Participant, and which will meet the
purposes of the Promotion.
Furthermore, advertised services and
procedures and awards may be deleted
from the promotion package at any
time as deemed necessary and
appropriate by the Promotion
Organizer and/or its agents.
- Promotion Organizer, their respective parent
companies, subsidiaries, affiliates,
assigns, employees, directors,
officers, suppliers and agents, will
not be responsible financially or
otherwise, should the DreamMakeover Tri Cities participant not be satisfied with
his/her makeover results, awards, or
rewards.
Application and Selection
The
official start to the application period
is September 7, 2004. You may pick up an
application and Acknowledgement and
Consent form at selected sponsor’s
locations beginning September 7, 2004.
These locations can be found online at www.dreammakeovertc.com.
The
DreamMakeover Tri Cities
Promotion is not a contest and there are
no “winners.” The Promotion
Organizer will screen applicants, and
the selections committee will choose the
final actual participants based upon
suitability. The Promotion Organizer and
selections committee will, in their
discretion, determine the 10-15
finalists suitable for the DreamMakeover Tri Cities Promotion, and then will determine the
actual four (4) participants. The public
will be able to participate in public
opinion polls regarding the potential
participants, online at the official web
site www.dreammakeovertc.com.
Notification
The
decisions of the Promotion Organizer and
their assigns are final on all matters
of fact, interpretation, eligibility,
procedure and fulfillment. We will not
respond to inquiries via telephone or
email regarding participant selection
status.
Prospective
DreamMakeover Tri Cities
candidates will be contacted on or after
November 19, 2004 to begin initial
interviewing and to attend personal
medical screening sessions and complete
all necessary qualification steps and
paperwork.
Complete
applications consist of the following:
- Completed
Application Form (Applications will
only be considered if they are
complete).
- Three
color photographs, each clearly
labeled on the back with your name
and address and stapled to the
application form, to include:
- Full-length
photo preferably in a modest
bathing suit,
- Close
up of your face, and,
- Close
up of your smile showing your
teeth.
- Identification:
- Attach
a copy of your driver’s license,
and
- Photocopy
of social security card, passport,
or birth certificate
- Signatures,
including consent
The
completed application form and waiver as
well as three required photographs, all
placed in a sealed envelope marked “DreamMakeover
Tri Cities Application” must
be received by Friday November 12, 2004
at 5:00 pm.
Agreements and Waivers
Before
being selected as a DreamMakeover
Tri Cities participant, the
prospective participant shall execute a
waiver and release agreement required by
the Promotion Organizer, and also may be
required to execute individual waiver
and release agreements of the medical
practitioners. Prospective Participants
will agree to an independent legal
review, and a psychological evaluation
for emotional and psychological fitness.
The
necessary releases and waivers will
include an agreement:
- Releasing the Promotion Organizer, their respective
parent companies, subsidiaries,
affiliates, assigns, employees,
directors, officers, suppliers and
agents from any and all liability
from any loss, harm, damages, cost
and/or expense arising out of and/or
caused by participation in the DreamMakeover
Tri Cities Promotion and/or
the acceptance and/or use of the
awarded services, including without
limitation costs, injuries, losses
and damages related to personal
injuries, death, damage to, loss
and/or destruction of property,
rights of publicity and/or privacy,
defamation, and/or portrayal in a
false light.
- Granting the Promotion Organizer the unrestricted
right, in their collective or
individual discretion, to publish
without any further compensation,
the name, picture, portrait,
likeness, voice, and ideas of the DreamMakeover
Tri Cities participant for
advertising and promotional
purposes.
As
posted on the official DreamMakeover web
site (www.dreammakeovertc.com)
these are the official DreamMakeover
Tri Cities Promotion rules, and
the only rules and regulations of this
Promotion. This Promotion is subject to
all federal, state and municipal laws
and regulations. These Promotion rules
are subject to change without notice in
order to comply with any applicable
federal, state, and municipal laws or
the policy of any other entity having
jurisdiction over the Promotion
Organizer or its agents. Failure to
post, or to notify any entity or
participant, of any rule or regulation
required by any applicable law or
ordinance does not negate the balance of
the official rules nor implicate the
Promotion Organizer or their assigns in
any manner of negligence or oversight.
Promotion Organizer and its agents
reserves the right to change these rules
or withdraw the DreamMakeover Tri Cities
Promotion at any time for any reason
whatsoever.
Acknowledgment and Agreement
I
hereby acknowledge that:
(i)
I have answered the previous questions
honestly and accurately;
(ii)
I will immediately inform the Promotion
Organizer if any information I have
provided becomes false or incomplete;
(iii)
If any of the above information is found
to be false or incomplete, I understand
this will be grounds for dismissal from
the participant selection process,
and/or from the DreamMakeover
Tri Cities Promotion, if
selected;
(iv)
Even if I meet the above eligibility
requirements, the Promotion Organizer
has no obligation to interview me,
and/or select me as a participant;
(v)
Even if I am selected as a participant,
the Promotion Organizer has no
obligation to conduct the DreamMakeover
Tri Cities Promotion or to
display it, even if conducted;
(vi)
All decisions by the Promotion Organizer
concerning selection of the participants
are final and not subject to challenge
or appeal; and
(vii)
The Promotion Organizer have no
obligation to return any materials
submitted by me as part of the
application whether or not I am selected
as a participant.
•
I understand that the DreamMakeover
Tri Cities Promotion involves a
"DreamMakeover" of the
participant which may include, without
limitation, cosmetic dental surgery,
cosmetic and/or plastic surgery, Botox
treatments, laser eye surgery, fitness,
nutrition and lifestyle coaching, hair,
makeup and spa consultations and
services and fashion consultations, on
the participant. I acknowledge that
before participating in the DreamMakeover
Tri Cities Promotion, I will
consult with my own physician regarding
the advisability from a physical and
emotional health perspective of my
potential participation in the DreamMakeover
Tri Cities Promotion. I
represent that if I proceed with the
participant selection process and am
selected to be a participant in the DreamMakeover
Tri Cities Promotion, I know of
no reason, following consultation with
my own physician, why I should not
participate in the DreamMakeover Tri Cities
Promotion. Furthermore, I agree that
before my final consideration as a
Participant in this Promotion that I am
willing to have an independent legal
review from a licensed attorney in my
state of residence advising me of my
rights, and that I will submit to a
psychological evaluation to determine
psychological and emotional fitness.
•
By submitting this application I hereby
consent to the recording, use and reuse
by the Promotion Organizer, and any of
their respective licensees, assignees,
parents, subsidiaries, or affiliated
entities and each of their respective
employees, agents, representatives,
officers and directors (collectively
"Releasees") of my voice,
actions, likeness, name, appearance,
photographs, biographical material, and
any information contained in my
application to be a participant in the
Promotion or in any materials submitted
by me in connection with my application
(collectively "Likeness") as
edited, altered, or modified by the
Releasees, in any and all media now
known or hereafter devised, in any and
all versions, worldwide in perpetuity,
in or in connection with the Promotion.
I agree the Releasees may use all or any
part of my Likeness, and may alter or
modify it regardless of whether or not I
am recognizable. I further agree that
Releasees exclusively own all right,
title, and interest (including, without
limitation, all copyrights) in and to
any video and photographs that I have
provided in connection with my
application and any other materials that
I have provided or may provide in
connection with the Promotion (the
"Materials") 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 in any and all
versions worldwide, in perpetuity. I
further agree that Releasees may use my
Likeness and the Materials in connection
with any promotion, publicity, marketing
or advertisement for the Promotion. I
grant the rights hereunder whether or
not I am selected to participate in the
Promotion in any manner whatsoever. I
agree to release, defend, indemnify and
hold harmless Releasees from any and all
claims, actions, lawsuits, liabilities
and expenses arising out of or relating
to its recording or use of my Likeness
and/or the Materials. I agree not to
make any claim against Releasees as a
result of the recording or use of my
Likeness and/or the Materials
(including, without limitation, any
claim that such use invades any right of
privacy and/or publicity). I understand
that I will not be paid any money for
giving Releasees these rights, or for
signing this agreement.
•
I authorize the Promotion Organizer and
its designees 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 document that I have
signed or do sign in connection with my
application to be selected as a
participant in the Promotion, or any
other written or oral statements I make
in connection therewith. I irrevocably
authorize the Promotion Organizer and
their respective designees to secure
information about my experiences from my
current and former employers,
associates, friends, family members,
educational institutions, government
agencies, credit reporting agencies, and
any references I have provided, and I
irrevocably authorize such parties to
provide information concerning me. I
specifically authorize investigation of
my employment record, medical record,
and government records, including but
not limited to my motor vehicle record,
civil record, criminal record and
consumer report(s). I agree to execute
any authorizations, consents and
releases requested from me by the
Promotion Organizer and their respective
designees in connection with their
investigation of me. I hereby
unconditionally and irrevocably release
and forever discharge all such parties
and persons from any and all liabilities
arising out of or in connection with any
such investigation.
•
I agree to undergo to the extent
permitted by law and at the sole
discretion of the Promotion Organizer,
with no prior notice to me, any physical
and mental examinations requested by the
Promotion Organizer in connection with
my possible selection for and
participation in the Promotion. Medical
personnel of the Promotion Organizer’s
choosing will conduct such examinations.
I acknowledge that I may not be selected
to participate or my participation may
be discontinued at any time if in the
sole and exclusive discretion of the
Promotion Organizer and/or its medical
experts the results of such tests
indicate that I am not physically or
mentally fit to participate in the
Promotion. I understand and agree that
any physical and/or mental assistance,
examinations and/or sessions I may have
with any medical personnel retained by
or associated with the Promotion, the
Promotion Organizer and its affiliates,
does not create a confidential
relationship between myself and such
medical personnel. Accordingly, I
acknowledge and consent to doctors,
psychologists, and other medical
personnel communicating with the
Promotion Organizer, and their
designated agents any diagnoses,
prognoses, medical information and/or
opinions regarding me. I hereby waive
any physician-patient privilege I may
have or that may arise with any
physicians, psychologists, health care
providers (including both physical and
mental health care providers), social
workers, health care institutions,
insurers, and other individuals and
entities as a result of my participation
in the selection process and/or the
Promotion, and I authorize the release
to the Promotion Organizer of all
records and information, written,
verbal, electronic or otherwise, from
any of the above persons and/or
entities. I agree to sign any
authorizations that the Promotion
Organizer or a health care provider
deems necessary to facilitate the
release of such records and information.
Without in any way limiting anything
herein, I further hereby release,
discharge, relinquish and hold harmless
Releasees from any medical care
assistance, treatment or services
provided to me at any time whether such
treatment or services are provided by
health care professionals, paramedics,
or any other person.
•
I agree to treat all information and
material I receive or acquire as part of
my participation in the participant
selection process for the Promotion as
strictly confidential and to not
disclose any such information to any
third party. I specifically acknowledge
that the success of the Promotion
depends on confidentiality and I agree
to be responsible for any and all
damages, including consequential damages
that the Promotion Organizer and/or any
of the Releasees may suffer if I breach
this confidentiality provision.
•
I agree to release, defend, indemnify
and hold harmless the Releasees and all
media and production companies
affiliated with or associated with the
production, promotion and/or broadcast
of the Promotion and their respective
employees, agents, officers and
directors from and against any and all
claims, actions, lawsuits, liabilities
and expenses arising from or relating
to: (a) my participation in the
Promotion including, without limitation,
the participant selection process, (b)
the use of my Likeness and/or the
Materials, (c) any of my acts or
statements relating to or in connection
with the Promotion; and (d) any breach
of my representations or warranties
herein. This general release shall
extend to claims that I do not know or
suspect to exist in my favor at the time
of executing the release. I acknowledge
that I may hereafter discover claims in
addition to the ones released herein,
and I hereby release Releasees for any
such unknown or unsuspected claims.
I
have read, understand, and agree with
the foregoing.
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