MISS NY CHINESE BEAUTY PAGEANT 2014
OFFICIAL ENTRY CONTRACT
I, Hereby participate as a contestant in the Miss NY Chinese Beauty Pageant 2014 (hereinafter referred to as “the Pageant”) which is organized by Miss NY Chinese Beauty Pageant Inc. (hereinafter referred to as “the Organizer”) in New York or anywhere else as the Organizer may decide at its sole discretion to be determined on or about July 2014. In consideration of acceptance of aforesaid participation, I hereby agree to be bound by the terms and conditions hereinafter appearing.
1. I understand that to be eligible to participate as a contestant in the Pageant, I:
a. must be female; and
- must be of Chinese descent; and
- must have been selected from a preliminary interview and approved by the Organizer at its complete discretion; and
- shall have attained the age between 17 and 25(on the date of May 31, 2014); and
- must have resided in the United States for min of 1 year . (hereinafter referred to as “Territory”);
- must be of good health; and
- must be of good character and possess charm, poise, personality and have beauty of face and figure; and
- must be co-operative and willing to abide by the directions and advice given by the authorized personnel of the Organizer; and
- must be a person whose background or character is not likely to bring into disrepute the Pageant, the Organizer or any person associated with them; and
- must be a person:
- who have never been through any ceremony either valid or invalid, whether civil, religious, customary, or tribal which is recognized as a marriage ceremony in any part of the world; and
- who has never been pregnant; and
- must not have been charged or convicted of any criminal offence and moral turpitude (other than ordinary traffic offence) in any jurisdiction.
- must abide by any other requirement deemed necessary and proper as stipulated hereafter by the Organizer.
- Application fee is $150. (non refundable).
- Enrollment fee is $450. ( non refundable)
- Additional fee for airfare, ground transportations, hotel’s and food’s ( To be determined )
2. a. I hereby declare that I have satisfied each and every requirement of eligibility set out in Clauses 1(a), 1(b), 1(c), 1(d), 1(e), 1(f), 1(g), 1(i), 1(j) and 1(k) above. I shall satisfy the requirement set out in Clause 1(h) and 1(l) hereof; and
- I further declare that all the information supplied by me in the Application Form is true and accurate; and
- I shall as and when requested furnish the Organizer with all such statutory declaration(s) or notarized and/or legalized document(s) signed or issued by government departments, embassies or consulates in the territory in relation to any matters referred to in this Form, the Application Form or the appointment of my guardian as the Organizer may stipulate; and
- I hereby declare and acknowledge that this Agreement as a whole is for my own benefit.
3. I undertake that whilst I am in New York or such other territory as the Organizer shall designate for the purposes of the Pageant, I shall:
- Co-operate with the chaperone (hereinafter referred to as “the Chaperone”) assigned to me by the Organizer from time to time for my protection and welfare during my stay in New York or such other territory as the Organizer shall designate; and
- Obey all directions and advice given to me by the Chaperon and/or by the Organizer; and
- Abide by all directions, advices and decisions given or made by authorized personnel of the Organizer; and
- Attend all functions in connection with the Pageant and punctually keep all appointments which require my presence; and
- Participate and perform in the Pageant in such manner and sequence directed by the Organizer and/or its authorized personnel.
- Reside and stay only at the hotel or residence provided for by the Organizer and not to depart therefrom save for the purpose of Clause 3 (d) above; and
- At the request of the authorized personnel of the Organizer or the Chaperone, be examined by a medical practitioner nominated by the Organizer at its expense.
4. Further, I agree to the following:
- While my parent(s) or guardian may accompany me at their own expense, control over my activities whilst I am in New York or such other territory as the Organizer shall designate for the purposes of the Pageant shall rest with the Organizer and the Chaperone; and
- I am not authorized to incur, nor shall I incur any debts on behalf of the Organizer or the Chaperone or with respect to the Pageant; and
- I will abide by the Organizer’s and/or the judges’ decision; and
- I will depart from New York or such other territory as the Organizer shall designate to my home no later than the day after the selection of Miss NY Chinese Beauty Pageant 2014 unless I shall have received awards which entail postponement my departure or upon request by the Organizer.
- I shall hold and indemnify the Organizer, as well as its officials, director, employees and independent contractors free from any liability, responsibility, claim, and legal consequence as result of my participation in the Pageant, except for their willful conduct.
5. I hereby declare and acknowledge that the Organizer shall have the unfettered right and discretion at all times to do any of the following things:
- To reject without stating any reason my application to participate in the Pageant;
- To withdraw me from the Pageant at any stage without stating any reason;
- To cancel, postpone or bring forward the scheduled date of the Pageant;
- In the case of doubts having arisen as to the eligibility of any contestants following the election of Miss NY Chinese Beauty Pageant 2014 or the runners-up or any other award of title, the Organizer shall have the right to withhold any award of title or prize until such doubts have been resolved and to in its absolute and unfettered discretion award such title and/or prize to any other contestant(s) in the Pageant;
- In the case of dispute arising out of anything herein contained, the Organizer has the right, at its sole discretion, to interpret these presents and its decision, upon such interpretation, is final and binding on me.
6. a. The Organizer shall not be liable under any circumstances for any loss or damage sustained by me as a result of or arising out of the exercising by the Organizer of any right or discretion hereunder, nor shall the Organizer be liable to me in respect of any of the following contingencies whether or not such shall occur through the negligence or fault of me and/or the Organizer or the Chaperone or its authorized personnel and whether or not for reasons beyond the control of me and/or the Organizer:-
- My non-arrival or delayed arrival for the Pageant;
- My illness or injury or incapacity during my stay in New York or such other territory as the Organizer shall designate for the purposes of the Pageant;
- Loss or damage to any of my possessions during my stay in New York or such other territory as the Organizer shall designate for the purpose of the Pageant.
b. For the purpose of Clause 6 (a) (ii), I understand that the Organizer does not exclude or limit any liability for my death or personal injury resulting from the willful act of the Organizer, its agents, contractors or employees to the extent that such exclusion or limitation shall NOT exceed that permitted by law, but save to such extent fully excludes its liabilities to me, whether in contract, tort, breach of statutory duty or otherwise.
7. I hereby authorize the Organizer to use and/or to authorize the use of my photographs (whether supplied by me or otherwise), likeness, voice recording, autograph and name for all publicity and commercial purpose whether in connection with the Pageant and any subsequent similar contest or otherwise in whatever manner it deems fit without my prior consent.
8. I acknowledge that the Organizer is entitled to the sole and exclusive right to record, produce, reproduce, broadcast, televise and/or videotape all or any part(s) of the Pageant in which I shall participate and the Organizer shall have the right to use and exploit any or all the products arising there from in all media and through whatever means whether now known or invented in future. I hereby fully and completely release any claim, which I may have by virtue of my participation in the Pageant, or any use of my photographs, likeness, voice recording, autograph or appearance in connection with such rights, including advertising and promotional material relating to any such exploitation.
9. I hereby warrant and undertake that:
- Other than a management contract (if any) with the Organizer, I have not entered and until the conclusion of the Pageant, but subject to Clause 10, shall not enter into any management agency or sponsorship contract or any contract relating to entertainment advertising or publicity business or any contract requiring my personal appearance or publication of my name or photographs or broadcast of my sound recording or endorsement of or association with any product or service which is currently in force or which will be in force during the period of the Pageant; and
- I shall not within eighteen (18) months of the conclusion of the Pageant enter into any management agency or sponsorship contract or any contract relating to entertainment advertising or publicity business or any contract requiring my personal appearance, publication of my name, photographs, or broadcast of my sound recording, endorsement of or association with any product or service without the prior written consent of the Organizer which consent, will not be unreasonably withheld.
- I shall not make any personal appearance nor give any interview nor allow publication, in any media be it visible or audible, of any article or information concerning myself or the Pageant for a period commencing with the date of this Agreement until conclusion of the Pageant without the prior written consent of the Organizer.
- I shall not participate in any beauty or similar contest in the world in the year 2013 to 2018 without the prior written consent of the Organizer.
- If I should at any time hereafter withdraw from participating in the Pageant without the prior written consent of the Organizer or am in breach of any provision herein contained, I shall be fully responsible to indemnify the Organizer from all costs and expenses incurred by the Organizer in relation to my participation in the Pageant.
10. I hereby agree that if I am chosen Miss NY Chinese Beauty Pageant 2014 or as one of the Winner, I shall for the period of 18 months or for a further period upon mutual agreement following the conclusion of the Pageant (“the Year of Office”):
- Serve as the Organizer’s worldwide ambassador, which duties shall include, but not be limited to attending all meetings, events, promotional and publicity functions at such time and at such place in the world as the Organizer may require and at the Organizer’s expense. I will follow all reasonable directions given by the Organizer regardless of whether such advertising and promotion for sponsors, meeting, event or function is organized or require by the Organizer. For the avoidance of doubt, I shall not during the Year of Office, render any services directly, or indirectly to any television station or any of the Organizer’s competitors anywhere in the world without the prior written consent of the Organizer;
- Without in any way limiting the foregoing Clause 10(a), participate in all activities whether promotional, publicity or otherwise wherein the prizes of the Pageant will be presented and I shall return to New York or such other territory as the Organizer shall designate on the date(s) specified by the Organizer to participate in any other meetings, events, promotional and other publicity functions;
- Not enter into any beauty or similar contest without the prior written consent of the Organizer;
- Adhere to the rules of eligibility set out on Clause 1 above throughout the Year of Office;
- Conduct myself with decorum during the Year of Office and not commit any immoral, illegal, or other act of similar nature which in the absolute opinion of the Organizer will bring or tend to bring the Pageant or the Organizer or the Miss NY Chinese Beauty Pageant title into disrepute, ridicule or contempt;
- I shall also follow all directions given by the authorized personnel of the Organizer in respect of the aforesaid activities;
- I shall appoint the Organizer as my exclusive manager and agent at a fee equivalent to 40% of all moneys obtained by me in respect of personal appearances, advertising endorsements, modeling, stage, screen or television appearances, radio programs, live performances, recording and photographic projects and any other project whether commercial or otherwise which may be undertaken by me during the Year of Office;
- I shall not, without first written approval by and agreement with the Organizer, be employed, by any individual entity under any jurisdiction to render any services involving performances, shows, demonstrations, etc. other than the Organizer during my Year of Office, whether with or without consideration;
- I shall refer to the Organizer all inquiries and offers of engagement received by me and will give the Organizer the full right and power in each case of undertaking in completing the negotiations on my behalf. The Organizer shall have the final decision in respect of acceptance or rejection of such offers of engagement and the terms thereof;
- I shall not inform the media at any time of the confidential business or future plans of the Organizer or details of any negotiations on the terms of any agreements in progress or concluded by the Organizer without the prior written consent of the Organizer; and
- I shall perform my obligations hereunder and any engagement concluded on my behalf by the Organizer in strict compliance with the terms thereof and to the best of my skill and ability.
11. If I am in breach of any one of the warranties or undertakings herein contained or if I have made any false declaration or misrepresentation in this Agreement, or if I at any time after the conclusion of the Pageant, whether in New York or elsewhere in the world, commit any illegal or immoral acts or engage in any service, performance, public appearance or other activities which, in the Organizer’s sole opinion, tend to bring other contestants, the Pageant, the Organizer or the Miss NY Chinese Beauty Pageant title into disrepute, ridicule, contempt, or scandal or which shall insult or offend the public, or which shall reflect unfavorably on other contestants, the Pageant, the Organizer or Miss NY Chinese Beauty Pageant title, the Organizer may in its absolute discretion at any time:
- Withdraw me from the Pageant immediately without payment of any compensation to me and without any liability on the part of the Organizer; and
- During the Year of Office, send me home without payment of prize money or award of prizes and withdraw any title awarded to me whereupon this Agreement shall absolutely terminate without any liability on the part of the Organizer; and
c. After the Year of Office and termination of this Agreement, withdraw any title awarded to me whereupon I shall not represent to any person that I have any association with the Pageant, the Miss NY Chinese Beauty Pageant title or the Organizer; and
- Bring legal actions against me in a court of law for legal consequence as result of the above.
12. If during the Year of Office, I shall:
- Marry; or
- Refuse to carry out my obligation hereunder; or
- Become so mentally, physically or otherwise incapacitated that I shall be unable in the opinion of the Organizer to carry out any of my obligations hereunder; or
- Be prevented from fulfilling my obligations hereunder because of an act of God, rule, order of government or government instrumentality or other cause of similar or different nature beyond my control.
Then in any such event the Organizer shall have the right to declare this Agreement terminated, and upon the Organizer giving me one week’s notice (which notice may be delivered by hand or sent by certified mail and deemed received twenty-four (24) hours after posting) to that effect, this Agreement shall be terminated and neither party shall have any further obligations hereunder. If this Agreement is terminated by reasons under either 12(a) or 12(b), the Organizer shall be entitled to bring any claim against me for any losses or damages suffered resulting from such termination.
13. The Grand Title winner will be entitle a cash award of $5,000 in Four separated payments: 1st payment of $1,500 at the Celebration Party, 2nd payment of $1,000.00 on the date of Miss Chinese International , 3rd Payment $1000.00 Chinese New Year Event , and 4th payment $1500.00 on the date of Beauty Pageant final in the following year, i.e, 2015 Beauty Pageant Final. In the event the winner fails to meet or satisfy each and every requirement contained in the Contract, Organizer have the full right to withhold, deduct and void any payment set forth above.
The prizes and the like and distribution thereof shall be determined at the sole discretion of MNYCBP.
14. This Agreement constitutes the entire agreement between the parties and may not be varied or amended unless the variation or amendment is in writing and signed by the parties hereto.
15. This Agreement is to be governed by and constructed in accordance with the laws of State of New York and I agree to submit to the non-exclusive jurisdiction of the courts of New York.
16. For Contestants under the age of eighteen, in consideration of the Organizer allowing
_________________________________________ (name) (“the Contestant”) to participate in the Pageant, I, the Parent/Guardian (delete whichever inappropriate) of the Contestant, hereby consent to her participating in the Pageant in New York or such other territory as the Organizer shall designate and agree that this Agreement as a whole is for the benefit of the Contestant.
17. I understand and consent to the following:
- All prior understandings, agreements, representations and warranties, oral or written, between the Organizer and Contestant are merged in this Agreement; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this Agreement.
- Neither this agreement nor any provision thereof may be waived, changed or cancelled except in writing.
- This agreement shall not be binding or effective until duly executed by the Organizer.
- I shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the Organizer in order to carry out the intent and purpose of this Agreement.
- This agreement is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity.
IN WITNESS whereof the Contestant and the parent(s)/guardian have set their hands on the _________ day of _______________.
SIGNED BY the CONTESTANT ____________________________________________________ in the presence of
Name of Witness __________________________________________ Tel: __________________________________
Name of Parent/Guardian __________________________________Relationship ___________________________
Address (Office) _________________________________________________________________________________
Tel (Office) _______________________(Home) ______________________(Cellular) _________________________
SIGNED BY PARENT/GUARDIAN _________________________________________________in the presence of
Name of Witness ________________________________________________________________________________
IN WITNESS whereof the Organizer has set its hands on the ____________ day of ____________________.
SIGNED BY the ORGANIZER: ____________________________________________________ in the presence of
Name of Witness ________________________________________________________________________________
18. I have had plenty of opportunity to have my legal representative or counsel to review this agreement.
I understand that entering this agreement will create legal liability and rights upon me even without consulting my legal representative. By signing this agreement, I state and consent that I understand this agreement in full and have consulted my legal representative, or this rights aforementioned shall deem waived.