NAME CITY/TOWN
Local Contract
THE MISS Southern New York and MISS Manhattan Scholarship Organizations
Application and Contract for Participation in theMISS Southern New York and MISS Manhattan Competitions
Section1: Introduction
1.1 The Miss Southern New York and Miss Manhattan Organizations are not-for-profit corporation organizations under the laws of the State of New York. The Miss Southern New York and Miss Manhattan Organizations have operated a program offering scholarship assistance and career opportunities for the young women within the State the New York. The Miss Southern New York and Miss Manhattan Organizations have made substantial investments in, and have developed a valuable identity for, the unique symbols and elements of the Program that have achieved national and even international recognition and approval. These elements include but are not limited to (1) providing educational assistance in the form of scholarships to young adult women who have not yet begun to assume the responsibilities of family life and are interested in career and educational advancement; (2) recognizing and honoring the traits of honesty, good character, talent, poise, intellect, leadership and good judgment in the young women of America who enter the competition (the 00ontestants00; and (3) enabling the Contestants to serve as role models for other young women with similar goals and personal characteristics.
1.2 The Miss Southern New York and Miss Manhattan Organizations intend to conduct a competition for the title 00u>Miss Southern New York and Miss Manhattan, ,00to be held in New York in March 2008. The competition is a critically important, and the single most visible and widely recognized, element of the Program. The competition is conducted in a fashion that is designed to combine a respect for the traditional and historic foundation of the Program with recognition of the perceived modern tastes and values of the American people.
1.3 The winners of the competition shall be designated 00iss Southern New York 2008 and Miss Manhattan 2008 " and shall be entitled to that title until her successor is named at the competition in 2008. During this period (the 00ear of Service00, Miss Southern New York 2008, Miss Manhattan 2008, 2008 shall be required to engage in travel and participate in personal appearances throughout the State. These activities are designed, scheduled, arranged and supervised by The Miss Southern New York and Miss Manhattan Organizations in order to reflect the values and standards of the Program and to enhance its visibility and maintain it broad public acceptance. The Miss Southern New York and Miss Manhattan Organizations have also developed detailed procedures and requirements that govern the activities and conduct of Miss Southern New York and Miss Manhattan, during their Year of Service. All of these procedures, standards, and requirements are intended to protect and enhance the substantial public acceptance of the Program among the American people, and to assure that the Program will continue to operate for the benefit of the thousands of young women who will be seeking to participate in the Program in future years.
1.4 In seeking to participate in the competition, each Contestant must understand and accept the requirements of the Program, including the rules for the contestants and the guidelines and limitations that will be applicable to her activities during her Year of Service if she is selected as Miss Southern New York or Miss Manhattan. In addition, each Contestant must understand and accept that the Miss Southern New York and Miss Manhattan Organization00 approval of the Contestant00 participation in the competition and, if selected, service as Miss Southern New York or Miss Manhattan, will be specifically based upon the representations and agreements in this Application and Contract and its attachments and the continued compliance with all of the regulations of the Program. In such regard, I acknowledge that my ability to compete in the pageant shall be subject to review at each level of competition that I enter and that the determination of my eligibility to compete in the competition shall not in and of itself be the basis of my eligibility to compete in the Local, State and /or National Finals.
1.5 Therefore, by signing this Application and Contract and submitting it to the Miss Southern New York and Miss Manhattan Organizations for approval, the Contestant represents and agrees that (1) all facts and representations contained in this Application and Contract and its attachments are true and accurate; (2) the Contestant agrees to abide by all rules and regulations of the Miss Southern New York and Miss Manhattan, Organizations described in this Application and Contract and its attachments, in the period before and during the Year of Service; and (3) the Miss Southern New York and Miss Manhattan Organizations shall have the sole discretion to determine whether, in its judgment, the Contestant may continue to participate in the Miss Southern New York and Miss Manhattan Programs, in the event that the Miss Southern New York and Miss Manhattan Organizations determine that any statement or representation by the Contestant is not true and accurate or that any action by the contestant is inconsistent with the rules and regulations of the Program.
Section 2:
Eligibility of Contestant to Participate in the Miss Southern New York and Miss Manhattan Competitions
2.1 I have never before competed in any National Finals of the Miss America Organization.
2.2 Age. I am currentlyyears of age. I was born on, 19. I understand that, in order to be eligible to compete, I must (1) have been at least seventeen (17) years of age at the time of my first appearance in the preliminary round of the local or state competition that I am entering in anticipation of this year00 National Finals, and (2) be no older than twenty-four (24) years of age on September 30, 2008. A copy of my birth certificate is included with my Resume.
2.3 Residence. I understand that, if I am claiming eligibility to compete in the Miss Southern New York and Miss Manhattan Organizations based upon my residence in the New York State counties/areas of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island, I must have been a resident of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island for at least (6) months prior to the first locals or state competition that I entered in that state. I currently reside atin theof , State of . I have resided at this address since. I have included with my Resume, proof of this residency in the form of (driver00 license, automobile registration, current lease, or other official document establishing residency). If my residency at this location was established within six (6) months preceding the local or state competition in which I competed, my last previous residence was at in the of , State of . I lived at that address from (date) to
I agree to provide the Miss Southern New York and Miss Manhattan Organizations with any additional information or documents that may be required to determine my residency in the New York State counties, if my residence is relevant to my eligibility.
2.4 Citizenship. I am a citizen of the United States of America.
2.5 Education (complete as applicable). I understand that, if I am claiming eligibility to compete in the Miss Southern New York and Miss Manhattan Competitions based upon my status as a student in the areas/counties of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island, I must have (a) successfully completed at least one semester as a full-time (at least 12 credit hours) student, and presently be enrolled and attending classes on a full-time basis at an accredited college or university in the areas/counties of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island, or (b) or have graduated from an accredited college or university in the areas/counties of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island between the date I was declared the winner of a local competition duly authorized by MAO that I entered in anticipation of next year00 National Finals, and the date of this Application and Contract. I understand that my physical attendance of classes in the counties in which I am competing is a requirement for eligibility to compete based upon my status as a student. I also understand that no more than six (6) months may have elapsed between the completion of my last full-time semester and the beginning of the next full time semester that I am attending at a college or university in the areas/counties of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island.
2.5.1 I am or will be on July 30th of the year in which I am eligible to compete a graduate of a high school and can or will be able to produce my diploma as proof thereof upon request or that I have or will have successfully completed the G.E.D. testing program for high school equivalence and can or will produce proof thereof upon request or have or will have successfully completed the academic requirements for entry into a four year college/degree program.
2.5.2 I received a High School diploma in (year) fromHigh School in, State of .
2.5.3 I received a G.E.D. certificate for High School equivalency in (year).
2.5.4 I have completed semesters of study atCollege/University in, County of and State of . I have received credits for courses totaling hours. I have attached to my Resume a transcript that shows these credits.
2.5.5 I am currently enrolled atCollege/University in, County of , State of, where I am presently attending classes in accredited courses. I have attached to my Resume a copy of a registration form from the school that shows this enrollment.
2.5.6 I received a degree from College/University in , State of in (year). I have attached a copy of this degree to my Resume.
2.6 Employment (complete as applicable; attach supplementary information if needed). I understand that, if I am claiming eligibility to compete in the Miss Southern New York and Miss Manhattan Competitions based upon my employment in the areas/counties of Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island, I must have been employed in Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island on a full-time basis (at least (40) hours per week, or such other number of hours as may qualify by law as 00ull-time00employment in the area in which I am competing) for at least six (6) months immediately prior to this competition and at the present time.
Name of Current Employer:
Address of Employer:
Phone Number of Employer: () Nature of Position:
Dates of Employment:
2.7 Personal Characteristics.
2.7.1 Gender. I am and I have always been a female.
2.7.2 Marital Status. I am not now and I have never been married.
2.7.3 Parental Status. I am not now pregnant, and I have never been pregnant. I am not the adoptive parent of any child.
2.7.4 Good Character. I am of good moral character and I have not been involved at any time in any act of moral turpitude.
2.7.5 Criminal record. Other than minor or petty offenses, I have been convicted of any criminal offense and there are not criminal charges presently pending against me. I understand that I may make an appeal to MAO if criminal offenses/charges in my state are considered minor or petty offenses in another state. This appeal must be presented to MAO through legal counsel.
2.7.6 Prior Conduct. I have never performed any act or engaged in any activity or employment that is or could reasonably be characterized as dishonest, immoral, or indecent.
2.7.7 Health. I am in good health and can, to the best of my knowledge, participate fully and without limitation in any Program activities. I will submit to the Miss Southern New York and Miss Manhattan, Organizations, upon it request, any hospital or medical records pertaining to me and I will sign any authorization needed for the release to the Miss Southern New York and Miss Manhattan, Organizations of any record or information from any hospital or doctor
2.7.8 Substance Abuse. I do not use or consume any illegal controlled dangerous substances or abuse the use of alcohol or other dangerous substances.
2.8 Contractual and Other Obligations.
2.8.1 National Service Platform Requirement. The Miss America Organization has entered into an agreement with the Children00 Miracle Network. The agreement, among other things, establishes the Children00 Miracle network as the Miss America Organization00 National Platform. As a local contestant in the Miss Southern New York and Miss Manhattan Competition, I am required to raise a minimum of one hundred dollars ($100.00) prior to the local competition to support the Children00 Miracle Network and the Miss America Scholarship Fund. If I become Miss Southern New York or Miss Manhattan, I understand that I will be required to raise a minimum of two hundred and fifty dollars ($250) prior to the state competition. In furtherance of the foregoing, I will create a personal fund raising web page and perform such other acts and deeds in accordance with the instructions and requirements of the Miss America Organization as the same may change from time to time.
2.8.2 Prior Contractual Commitments. Within the three (3) months before my participation in the first local or State competition in which I competed this year, and since that participation, I have not authorized any person, firm or corporation to use my name, photograph, picture, or present or future title that I hold or may hold, in connection with any endorsement to advertise any commercial product. I am not a party to any contract with any person, firm or corporation in respect to any present title that I hold or may hold, nor have I made any commitments for the future regarding any such titles. I do not have any legal obligations that would prevent or limit my participation and appearance in the Miss Southern New York and Miss Manhattan Competitions, any other Local Competition, State Competition, the National Finals or, if selected as Miss America, in the Year of Service, or my compliance with the rules, regulations and conditions of the Program.
2.8.3 I will agree to attend the Miss New York Workshop held in the spring prior to the Miss New York Pageant.
2.8.4 Use of the Miss Southern New York and Miss Manhattan Organizations00Titles, Words and Symbols. After the conclusion of my Year of Service, if I am advised by the Miss Southern New York and Miss Manhattan Organizations that, in its sole and exclusive judgment, my use of any of the titles, words, or symbols associated with the Miss Southern New York and Miss Manhattan Organizations, the Miss America Organization, and the program has caused or is reasonably likely to cause harm, I agree to discontinue any such use immediately. I understand and agree that the judgment of the Miss Southern New York and Miss Manhattan Organizations shall be final and binding.
2.8.5 Attorney Review of Application and Contract. I have been given a sufficient opportunity to review this Application and Contract and its attachments, including the Scholarship Rules and Regulations (Attachment A); and Proof of Eligibility (Attachment B and B1). I have also had the opportunity to consult with any attorney of my own choosing to give me legal advice with regard to this Application and Contract. () I have consulted an attorney about this Application and Contract or () I have decided that I do not need to do so (check applicable choice). I understand that his Application and Contract is a legal document and that if I sign and submit it to the Miss Southern New York and Miss Manhattan Organizations and it is accepted, it will create legal obligations that will be binding on me. I agree to be bound by this Application and Contract and its attachments.
2.8.6 Changes in Circumstances. I understand and agree that if, at any time after I file this Application and Contract with the Miss Southern New York and Miss Manhattan Organizations, including during my Year of Service, any of the facts stated in this Application and Contract or its attachments should change, I have the obligation to report any such change in writing immediately to the Miss Southern New York and Miss Manhattan Organizations. I also understand that if I fail to do so, the Miss Southern New York and Miss Manhattan Organizations may, in its sole discretion, determine to limit or prevent my participation or to terminate my Year of Service.
Section 3:
Personal and Professional Background Information3.1 Employment History
3.1.1 Present Employment. I am presently employed ()full-time ()part-time (check as applicable) by, located in , State of . I hold the position of and my responsibilities include .
3.1.2 Prior Employment: During the past three (3) years I have worked in the following positions:
Employer Location Dates Position
Section 4:
Participation in the Miss Southern New York and Miss Manhattan Competition4.1 Participation in Competition. I agree to participate in the series of events and appearances leading up to the final selection of the Miss Southern New York and Miss Manhattan. These events shall commence and be scheduled on dates to be determined by the Miss Southern New York and Miss Manhattan Organizations. I will be bound by the rules and regulations governing by the Miss Southern New York and Miss Manhattan Organizations and the procedures for the awarding and supervision of all scholarships described in Attachment B. My participation in the competition shall include all public appearances required of me by the Miss Southern New York and Miss Manhattan Organizations including but not limited to, television and radio broadcasts, personal appearance, interviews, still photo sessions, and video and audio taping or filming of all or any part of the events associated with the competition.
4.2 Conduct of the Competition. I understand and agree that the Miss Southern New York and Miss Manhattan Organizations shall determine the manner and method of conducting the competition in its sole discretion. I further understand and agree that the Miss Southern New York and Miss Manhattan Organizations shall also determine the time, method and manner of judging the competition and the awarding and supervision of all scholarships in its sole discretion. The decision of the persons designated by the Miss Southern New York and Miss Manhattan Organizations to judge the various events in any and all matters pertaining to the selection of the winners shall be final in all respects.
4.3 Televising and Sponsorship of Competition. I understand that the Miss Southern New York and Miss Manhattan Organization makes no representations to me that the competition will be televised or broadcast on either a live or tape-delay basis, or that the competition will be sponsored by one or more sponsors, or that I will be personally or individually involved in any specific appearance in any broadcast.
4.4 Permanent License of Publication Rights. I hereby authorize the Miss Southern New York and Miss Manhattan Organizations and anyone duly licensed or authorized by the Miss Southern New York and Miss Manhattan Organizations to (1) televise, photograph, broadcast and /or make radio, television, video and audio tapes or motion picture recordings of me individually or in a group; (2) use or re-use such photographs, recordings, video tapes, audio tapes and/or motion picture films in all media throughout the world in perpetuity; and (3) use my name, likeness and/or physical depiction for any purpose in perpetuity, in an unedited or edited manner or fashion as the Miss Southern New York and Miss Manhattan Organizations, in its sole discretion, shall determine. This authorization shall also include the use of all such photographs, recordings, videotapes, audiotapes, and/or motion picture films made during my Year of Service.
4.5 Miss Southern New York and Miss Manhattan Organizations Ownership of Rights. I understand and agree that all photographs, tapes and films made of me for trade, advertising and any other purpose or purposes as a participant in the competition, and any use of my name, likeness and and/or physical depiction when identified with the Program, shall be the sole and exclusive property of the Miss Southern New York and Miss Manhattan Organizations. I understand and agree that I shall have no claim or right to those photographs, tapes and films, not only during the period between and during the competition and, if I am selected as Miss Southern New York and Miss Manhattan, during my Year of Service but in perpetuity thereafter. I understand and agree that this provision refers to and includes all photographs, tapes and films from any activities relating to the competition, including but not limited to interviews, rehearsals and publicity events, either individually or as a member of a group.
4.6 Selection as Runner-Up. If I am selected at the competition as a runner-up for the title of Miss Southern New York or Miss Manhattan, , I agree to assume all of the rights, obligations and commitments of the year of Service, as described in Section 5 of this Application and Contract, in the event that the Miss Southern New York and Miss Manhattan Organizations appoints me to do so by reason of the inability or ineligibility, during the Year of Service, of any Contestant who was selected as Miss Southern New York or Miss Manhattan, or as another runner-up.
4.7 Change in Circumstances. I understand that if, at any time between the date of this Application and Contract and the completion of the competition, any facts concerning my eligibility to participate in the competition should change, including without limitation my citizenship, marital or parental status, good character and reputation or, if relevant to my eligibility, by residence, employment or educational status, the Miss Southern New York and Miss Manhattan Organization shall have the right, in its sole discretion, to determine that I am not eligible to participate in competition.
Section 5:
Commitments for Service as Miss Southern New York and Miss Manhattan,5.1 The Miss Southern New York and Miss Manhattan Organizations will inform titleholders through writing of such appearances and events with advance notice as necessary, and titleholders will be responsible for replying through writing within 48 hours whether 1) they will be available for said events or 2) they will be unable due to prior commitments. Titleholders are responsible for informing The Miss Southern New York and Miss Manhattan Organizations as soon as possible if there are changes in circumstances that prevent them from honoring their written confirmation of attendance. A one-week advance notice is expected for cancellation due to academic reasons, and the Miss Southern New York and Miss Manhattan Organizations will respect cancellation requests due to family emergencies and illness.00/font>
5.1.1. Availability as a titleholder. I agree to make myself available to communicate with the Miss Southern New York and Miss Manhattan Organizations during my year of service. I will respond to any communication in a timely manner (within 48 hours, illness and family emergency excepted). Communication with the Miss Southern New York and Miss Manhattan Organizations may be through email, postal mail, fax, or phone calls. I will make the Miss Southern New York and Manhattan Organizations aware in the event that I do not have access to such forms of communication.
5.2 Independent Contractor Status. I understand and agree that I am and will remain an independent contractor with respect to the Miss Southern New York and Miss Manhattan Organizations and that I am not and will not become an employee of the Miss Southern New York and Miss Manhattan Organizations during my Year of Service. The authority granted by this Application and Contract to the Miss Southern New York and Miss Manhattan Organizations to act on my behalf is intended for the mutual convenience of this Miss Southern New York and Miss Manhattan Organizations and myself and in order to provide an effective means of organizing my activities during my Year of Service, and not for the purpose of directing my performances or controlling my activities as if I were an employee of the Miss Southern New York and Miss Manhattan Organizations.
5.3 Development of Platform. I understand and agree that an important element of the Program is the development of a central theme with national impact and importance that can form the basis for my appearances and presentations (the 00latform00or 00ssue of Concern00. I agree to work with the Miss Southern New York and Miss Manhattan Organizations to select and pursue an appropriate Platform that will enable me and the Miss Southern New York and Miss Manhattan Organizations to maximize the impact of my Year of Service and further the goals of the Program by creating goodwill and recognition for the Program through the United States.
National Service Platform. I understand and have been advised that the Miss America Organization has entered into an agreement with The Children00 Miracle Network. The agreement, among other things, establishes The Children00 Miracle Network as the Miss America Organization00 National Platform. I agree to work with The Children00 Miracle Network and the Miss America Organization to support this National Platform and further the goals of the program by creating goodwill and recognition for the National Platform throughout the United States. I understand that I may also promote my own personal platform.5.4 Appointment of the Miss Southern New York and Miss Manhattan Organizations as Exclusive Agent and Representative. Commencing with my selection as Miss Southern New York or Miss Manhattan, and throughout my Year of Service and until my successor is selected or appointed, I irrevocably constitute and appoint the Miss Southern New York and Miss Manhattan Organizations as my sole and exclusive agent, representative and attorney-in-fact with the authority to:
5.4.1 act for me and in my best interests throughout the world for the making of all press releases or
other public statements to the media;
5.4.2 sign, make, execute and deliver all contracts in my name in connection with my business or other
affairs as Miss Southern New York or Miss Manhattan, during my Year of Service, whether they be contracts for my performance at theatrical, artistic or commercial engagements or other personal appearances, and undertake commitments in my name for the satisfaction of my obligations pursuant to those contracts;
5.4.3 sign, make, execute and deliver all contracts in my name in connection with any appearances or
other obligations which are related to my service as Miss Southern New York or Miss Manhattan, which are to be fulfilled after the completion of my Year of Service, provided that I have consented in writing to the terms of such contracts;
5.4.4 determine the appropriate compensation that I shall receive for appearances or other activities related to my Year of Service; Compensation should not be expected, but it is possible to arrange for compensation depending on the nature of the appearance/event and the type of organization for which I make an appearance.00/font>
5.4.5 collect and receive for and on my behalf all proceeds, monies or other compensation that is due
or to become due to me by reason of any performance, service, appearance, engagement or contract;
5.4.6 choose and designate my chaperones and traveling companions; and
5.4.7 select the appropriate modes of public or private transportation for me and my chaperones and
traveling companions, including the determination of the appropriate levels of travel service and the designation of the means of travel, such as fixed-wing or helicopter aircraft, rail, boat, ship, automobile, bus or van.
5.5 Sponsorship Fees and Payments to Miss Southern New York and Miss Manhattan Organizations. I understand and agree that, in addition to the payments that the Miss Southern New York and Miss Manhattan Organizations, as my exclusive agent and representative, negotiates and approves on my behalf for my compensation for my appearances and services, the Miss Southern New York and Miss Manhattan Organizations may also contract for and receive sponsorship fees and other payments related to my appearances that will be paid directly to the Miss Southern New York and Miss Manhattan Organization. I understand and agree that I shall not be entitled to receive any portion of these fees or payments.
5.6 Numbers of Appearances. I understand and agree that the Miss Southern New York and Miss Manhattan Organizations has made and makes no representations to me as to the number or nature of the appearances that I may be asked to make or the amount of compensation that I will receive during my Year of Service.
5.7 Prior Contracts. I understand that, prior to the competition, the Miss Southern New York and Miss Manhattan Organizations will be required to enter into contracts and commitments for the appearances and services of the Contestant who will be selected at the competition. I agree that such contracts will be binding on me to the same extent as if the Miss Southern New York and Miss Manhattan Organizations had entered into them on my behalf after the commencement of my Year of Service.
5.8 Membership in Unions. If and when requested by the Miss Southern New York and Miss Manhattan Organizations, I agree to become a member of such unions or guilds as may be necessary in order to appear as a variety artist or for fashion purposes in any film, taped or recorded radio or television products, commercials, motion pictures, photographic sessions or personal appearances.
5.9 Appearances after Year of Service. After the conclusion of my Year of Service, I will not wear the crown of Miss Southern New York or Miss Manhattan, nor appear as Miss Southern New York or Miss Manhattan for the purposes of advertising or endorsing any product, person, cause or service, unless I have received in advance the written approval of the Miss Southern New York or Miss Manhattan Organizations. I understand that the Miss New York Organization shall not be obligated to approve any such appearance or use of the Miss Southern New York and Miss Manhattan crown.
5.10 Use of the Miss Southern New York and Miss Manhattan Titles, Words and Symbols after Year of Service. After the conclusion of my Year of Service, if I am advised by the Miss Southern New York or Miss Manhattan Organizations that, in its sole and exclusive judgment, my use of any of the titles, words or symbols associated with the Miss Southern New York and Miss Manhattan Organizations and the Program has caused or is reasonably likely to cause harm to the Miss Southern New York and Miss Manhattan Organizations, I agree to discontinue any such use immediately. I understand and agree that the judgment of the Miss Southern New York and Miss Manhattan Organizations on this question shall be final and binding.
5.11 Permanence of Restrictions. I understand and agree that the provisions of Section 5.9 and 5.10 of this Application and Contract shall specifically survive the termination of this Application and Contract and shall be enforceable by the Miss Southern New York and Miss Manhattan Organizations and binding on me in perpetuity.
5.12 Change in Circumstances. I understand that if, at any time between the competition at which I am selected as Miss Southern New York and Miss Manhattan, and the completion of my Year of Service, any facts concerning my eligibility to participate in the Program should change, including without limitation to my citizenship, marital or parental status, good character and reputation, of if I should become, in the sole judgment of the Miss Southern New York and Miss Manhattan Organizations, physically unable to perform the duties and obligations relating to my Year of Service, the Miss Southern New York and Miss Manhattan Organizations shall have the right, in its sole discretion to determine that I am not eligible to continue to serve as Miss Southern New York or Miss Manhattan. In that event, the Miss Southern New York and Miss Manhattan Organizations may, at its option, forfeit my title and all prizes, awards and perquisites of the position of Miss Southern New York or Miss Manhattan, or both or either, subject to the provisions of Section 6.4 of this Application and Contract.
Section 6:
Legal Obligations and Agreements
6.1 Unauthorized Use of Titles. I acknowledge and agree that the title 00iss Southern New York00or 00iss Manhattan00 that I may hold; the title 00iss America00 and the name and designation 00iss America Pageant00 and 00iss America Organization00are the property of the Miss America Organization. I agree never to use, or to authorize anyone else to use the words 00iss Southern New York00or 00iss Manhattan,00 00iss America00or 00iss America Pageant00or 00iss America Organization00 or any similar or related phrase, in association with me or my name or likeness in any way without prior written approval.
6.2 Authorization of Publication. I authorize the use of my name, likeness, photographs, pictures, physical depiction, endorsement rights, and my title(s) by the Miss Southern New York or Miss Manhattan Organizations and by such persons, firms or corporations as may be approved and selected by the Miss Southern New York and Miss Manhattan Organizations. I will abide by the provisions of any agreement between the Miss Southern New York and Miss Manhattan Organizations and such persons, films and corporations regarding my services for advertising and promotional uses.
6.3 Registration and use of Domain Names. I authorize the Miss Southern New York and Miss Manhattan Organizations or it00 licensee to register a domain name (00nternet Domain Name00 in such version of my name as the Miss Southern New York and Miss Manhattan Organizations or its licensee may deem appropriate, in the form myname.com or any comparable variation thereof. During my tenure as Miss Southern New York or Miss Manhattan, and if I am selected Miss America, during my Year of Service the Miss America Organization or its licensee shall have full authority to use my Internet Domain Name for all purposes. Thereafter, I understand that the Miss America Organization or its licensee shall transfer to me all rights to register and use my Internet Domain Name. During the period that the Miss America Organization or its licensee is authorized to register and use my Internet Domain Name, I shall not register or use, nor permit anyone else to register or use, my name or title in any form in an Internet Domain Name.
6.4 Permanent Ownership of Rights. All photographs, video tapes, audio tapes, motion picture films, or other recordings or reproductions made of me, whether 00till00or 00ive00 and my name, likeness, photographs, pictures, physical depiction, title and endorsement rights (a) as a Contestant or as a participant in the events leading up to the selection of Miss Southern New York and Miss Manhattan, ; or (b) while representing Miss Southern New York and Miss Manhattan, or participating in any Miss Southern New York and Miss Manhattan sponsorship events whether before, during or after the competition or, if I am selected as Miss Southern New York or Miss Manhattan, during or after my Year of Service, including but not limited to events such as press interviews, judges interviews, rehearsals and publicity events, either individually or as a member of a group, as applicable (the 00ights00, are and shall be, become and remain the property of the Miss Southern New York and Miss Manhattan Organizations in perpetuity. The Rights may be used and re-used by the Miss Southern New York and Miss Manhattan Organizations, or anyone designated and licensed by the Miss Southern New York and Miss Manhattan Organizations, for publicity, advertising or any other use in any medium, all as deemed appropriate by the Miss Southern New York and Miss Manhattan Organizations, for publicity, advertising or any other use in any medium, all as deemed appropriate by the Miss Southern New York and Miss Manhattan Organizations in its sole discretion. I will ensure that all rights that any photographer may have in any publicity photographs of me that are supplied to me by the Miss Southern New York and Miss Manhattan Organizations are released by that photographer in favor of the Miss Southern New York and Miss Manhattan Organizations, and that any such photographer shall provide a written release of such rights on a form acceptable to the Miss Southern New York and Miss Manhattan Organizations. I understand and agree that the provisions of this section shall specifically survive the termination of this Application and Contract.
6.5 Scholarship Grants and Forfeitures. I understand and agree that the grant of scholarship by the
Miss Southern New York or Miss Manhattan Organizations is subject to the terms and conditions of the Scholarship Rules and Regulations attached to this Application and Contract as Attachment 0000 By signing this Application and Contract, I agree to be bound by those rules and regulations. I understand that all scholarships that I may be awarded will be non-forfeitable in the event that I breach this Contract or fail to perform any duties that I may have as a Contestant. I also understand and agree, however, that such scholarships may be forfeited if I have made any misrepresentations as to my eligibility to compete.
6.6 Documents and Information; Cooperation with Inquiries. I agree to provide the Miss Southern New York and Miss Manhattan Organizations, at their request, with any documents or information necessary to determine any question with regard to my initial or continuing eligibility to compete or to complete my Year of Service. I also agree to cooperate fully with any inquiry undertaken by the Miss Southern New York and Miss Manhattan Organizations in connection with my initial or continuing eligibility, and to provide sworn statements and any relevant documents if requested to do so by the Miss Southern New York and Miss Manhattan Organizations.
6.7 Termination of Eligibility. I understand and agree that if:
6.7.1 any of the representations or statements made by me in this Application and Contract or any of its
attachments is determined by the Miss Southern New York and Miss Manhattan Organizations to be false;
6.7.2 there is a change of circumstances that would affect my eligibility to participate in the competition
or to complete my Year of Service, including without limitation changes in my citizenship, marital or parental status, good character and reputation or, if relevant to my eligibility to participate in the competition, my residence, employment or education status;
6.7.3 I fail to conduct myself in a manner which, in the sole and exclusive judgment of the
Miss Southern New York and Miss Manhattan Organizations, is consistent with the standards and dignity of the Program; or
6.7.4 I suffer any disability which, in the sole and exclusive judgment of the Miss Southern New York and Miss Manhattan Organization, impairs my ability to perform the duties expected of me as a Contestant.
The Miss Southern New York and Miss Manhattan Organizations shall have the right, in its sole and exclusive judgment, to determine that I am not eligible to participate or continue to participate in the competition or to complete my Year of Service. In that event, all titles, awards, and perquisites of my position as a Contestant, as appropriate, shall be terminated and forfeited, subject to the provisions of Section 6.5 of this Application and Contract.
6.8 Public Release of Information. I understand that some elements of the Program, and in particular the competition and the public appearances of Miss Southern New York or Miss Manhattan during the Year of Service, are frequently the subject of intense media and public interest and scrutiny. I further understand that it is very important for the Miss Southern New York and Miss Manhattan Organizations to maintain a high level of public trust in and acceptance of the integrity of, and manner of conducting, the competition and the qualification and conduct of Contestants. Accordingly, I authorize the Miss Southern New York and Miss Manhattan Organizations, in the exercise of its sole and exclusive discretion, to release and to comment publicly upon any truthful information concerning my eligibility or continued eligibility to participate or to complete my Year of Service.
6.9 Uniqueness of Contract and Services; Injunctions. I understand and agree that the services and obligations described in this Application and Contract are unique and extraordinary and that there is not adequate remedy at law for any breach of this Application and Contract by me. Therefore, in the event of any such breach, or in the event of such a breach that is attempted or threatened, I agree that the Miss Southern New York Organization or the Miss Manhattan Organization shall be entitled to equitable relief by way of injunction or otherwise to prevent or repair such breach or attempted or threatened breach.
6.10 Entire Agreement; Enforceability. When signed and approved by the Miss Southern New York and Miss Manhattan Organizations, this Application and Contract together with its attachments, shall solely and exclusively determine my rights, privileges and responsibilities to the Miss Southern New York and Miss Manhattan Organizations. No oral or other written statement that is in any way inconsistent with the provisions of this Application and Contract shall be binding upon me or upon the Miss Southern New York and Miss Manhattan Organizations. If any provision of this Application and contract should be declared void or unenforceable, such provision shall be deemed omitted from this Application and Contract. In that event, the remainder of this Application and Contract shall remain in full force and effect.
6.11 Arbitration of Disputes. Any controversy or claim arising out of or relating to this Application and Contract or any breach thereof shall be submitted to arbitration in Atlantic City, New Jersey in accordance with the Rules of the American Arbitration Association. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Section shall not in any way affect the rights of the Miss Southern New York and Miss Manhattan Organizations to (1) seek injunctive relief as provided in Section 6.9 of this Application and Contract, or (2) take any action permitted by this Application and Contract to enforce the eligibility standards of the Program in the event that time does not permit the completion of an arbitration process before action must be taken.
On the basis of all of these statements and agreements, I request the Miss Southern New York and Miss Manhattan Organizations to accept my application to participate as a Contestant in the Miss Southern New York and Miss Manhattan Competition. If the Miss Southern New York and Miss Manhattan Organizations accepts this application, I agree to comply with all of the terms and conditions of this Application and Contract, together with its attachments.
Date Contestant Signature
State of _________________ :
: SS Affidavit of Truthfulness
County of _______________ :
, the Contestant making this Application, of full age and being duly sworn according to the law, upon her oath deposes and says:
I do hereby swear that the statements made in this Application and Contract and its attachments are true. I am aware that if any of the statements are willfully false, I am subject to punishment.
Sworn and subscribed to before me
this ____ day of __________,200 . _______________________________________ Contestant Signature
____________________________
Notary Public of
Approval of Application for Participation
The Miss Southern New York and Miss Manhattan Organizations hereby APPROVE this Application and Contract and accepts appointment as the agent of the Contestant on the terms provided in this Application and Contract. The contestant may compete in the competition pursuant to the terms of the application and contract and its attachments.
_______________
Contestant Name
_______________
Date Executive Director Signature
(Print Name)
The Miss Southern New York and Miss Manhattan Organizations
FOR CONTESTANTS UNDER THE AGE OF 18
(To be completed by the Parent(s) or Guardian(s) of a Contestant who is not yet 18 years of age on the date of this Application and Contract)
State of ____________________:
:SS Affidavit of Parent or Guardian
County of ________________:
I, the undersigned parent or guardian of , who is the Contestant named in this Application and Contract, of full age and being duly sworn according to the law, upon my oath depose and say:
I have read and I understand the provisions of this Application and Contract and its attachments.To the best of my knowledge, information and belief, all of the factual statements made in this Application and Contract by the Contestant are true.
I have been given the opportunity to consult with an attorney of my choosing to seek legaladvice regarding this Application and Contract.
I consent to the execution of this Application and Contract by the Contestant. On behalf of the Contestant, I agree to the terms and conditions of this Application and Contractand it00 attachments.
I have not previously authorized any person, firm, or corporation to use the name, photograph,picture or any present or future title of the Contestant in connection with any endorsement or advertisement of any commercial product for or on behalf of the Contestant, nor has any other person ever been authorized to do so, other than a consigner of this affidavit.
I shall not authorize any person, firm, or corporation to use the name, photograph, picture or anypresent or future title of the Contestant in connection with any endorsement or advertisement of any commercial product for or on behalf of the Contestant other than in accordance with the terms and conditions of this Application and Contract and its attachments.
I do hereby swear that the statements made in this affidavit are true. I am aware that if any of the statements is willfully false, I am subject to punishment.
Sworn and subscribed to before me ______________________________
this___day of ____________,200 Parent/Guardian
____________________________ _______________________________
Notary Public of Parent/Guardian
CONTESTANT NAME ___________________________________
EXHIBIT A - SCHOLARSHIP RULES AND REGULATIONS Scholarships shall be expended for tuition and related expenses and other educational expenses approved by the Miss Southern New York and Miss Manhattan Organizations.2. Requests for scholarships are processed upon receipt of statements from colleges and schools (or for
other educational expenses). All statements and invoices must be accompanied by a cover letter from the Contestant. Requests for payment for other educational expenses (e.g. private instructors) must be pre-approved by the Miss Southern New York and Miss Manhattan Organizations.
3. Contestants must use the scholarships won at the local level prior to applying for their state scholarship. Contestants must submit a letter from the local pageant chairman to state which verifies the above.
4. Scholarships may be used for current educational expenses. Contestants may submit invoices for
payment directly from the provider of the educational service or may submit a receipted bill and re-quest reimbursement. All invoices and receipts must be originals. Contestants may not request payment or reimbursement for expenses, which are or have been covered through any other financial aid source (other than student loans which meet the provision of number five below).
5. Scholarships may be used for outstanding student loan obligations provided the loan is not in default and provided the student has satisfactorily completed the course work for which the loan was obtained. (Contestants must submit documentation from the school or lender, which show that the Contestant is either the primary or secondary payer of the loan obligation. Notice of payments due should be sent to the Miss Southern New York Organization or Miss Manhattan Organization for payment. If the time required for processing the invoice extends beyond the due date, the Contestant may submit proof of payment and request reimbursement. )
6. Scholarships may be used for future educational expenses. Contestants must begin use of their
scholarships within one year of the date of the award. If a contestant has no activity in her scholarship account during this period, the funds in her account will be forfeited.
A. If indicated the Miss Southern New York and Miss Manhattan Organizations can withhold distribution of scholarships to their winner until the Finals of 2008 Miss New York Pageant. In doing so the contestant00 time limits will be extended to one year of the date of the Miss New York Finals.
B. A contestant who begins use of the scholarship within the time designated above will then be
required to show continuous activity in her scholarship endeavors up to a limit of two years
following the date of the award. If there occurs a one-year period in which there is no activity in the account, then the balance of that account will be forfeited. Similarly, the balance remaining in a Contestant's account two years following the date of the award will be forfeited.
SCHOLARSHIP RULES AND REGULATIONS 00(EXHIBIT A) continued
An exception to the time limits described above may be made by the Contestant, prior to the time of expiration date, if Contestant makes a written appeal to the Miss Southern New York and Miss Manhattan Organizations citing compelling reasons why the time period should be extended. The Scholarship Committee will review the request and determine whether or not an extended time period is warranted. The decision of the Organization shall be final and binding.7. Scholarships which have been forfeited will remain in the scholarship account for future awards.
8. Awards in lieu of scholarships: Contestants who are college graduates and who do not intend to continue their education, may elect to receive an award in lieu of a scholarship. This award shall be equivalent, at maturity, to the scholarship award documented in the 2008 Miss Southern New York and Miss Manhattan Pageant Program book. The award will be a U.S. Savings Bond. It is understood that a Contestant who qualifies for and accepts this award waives her right to any scholarships she may have won in the 2008 Miss Southern New York and Miss Manhattan Pageant. Such scholarship monies will be forfeited and distributed as outlined above.
Contestants who wish to apply for the award listed above must do so in writing to the pageant office by
one year following the date of the award.
Legal Signature of Contestant
Date
CONTESTANT NAME
EXHIBIT B 00PAGE 1 - 2008 CONTESTANT ELIGIBILITY CRITERIA
In order to assure that the eligibility requirements are adequately met as defined in the contestant contract, please provide the following information:
REQUIRED INFORMATION
ALL of the following are required and should accompany contract:
Copy of state-certified birth certificate (verification of applicant00 identity and age)
Completed and signed copy of contract
If under 18, a parent or legal guardian must fill out page 15.
Signed copy of 00xhibit A00and 00xhibit B00
Completed Resume and Platform Statement (See Documents on website)
ADDITIONAL INFORMATION
_____I am choosing to prove eligibility by my Educational Status
Satisfy BOTH of the items below by providing transcript(s)
_____Confirming status as current full-time student in Manhattan, Queens, Bronx, Brooklyn, Staten Island, Westchester, Rockland, Putnam, Orange, or Long Island (as defined in contestant contract)
_____Confirming completion of one (1) full semester within the past year (as defined in contestant contract)
_____I am choosing to prove eligibility by my Residency (Resident for at least 6 months immediately prior to date of local pageant) Please check and attach copies of at least two (2) of the following items (as defined in contestant contract):
_____A Legible copy of New York state driver00 license
_____B Auto registration (in the applicant00 name)
_____C Voter00 registration card (in the applicant00 name)
_____D Registrar00 letter of validation (for the applicant)
_____E Lease (in the applicant00 name)
_____F Current utility bills (in the applicant00 name)
_____G Federal income tax return (in the applicant00 name; financial information may be deleted)
_____H State income tax return (in the applicant00 name; financial information may be deleted)
One (1) of three (3) following groupings of eligibility proof must be provided. Please select one box below and provide the required elements in that box.
THIS FORM IS NOT VALID UNLESS THE SECOND PAGE (EXHIBIT B1) OF EXHIBIT B IS COMPLETED.
______I am choosing to prove eligibility by my Employment
Please provide one or the other of these items:
_____Copies of pay stubs from employer covering the last six months indicating full-time employment of at least 40
hours per week or such other number of hours as may qualify by law as 00ull-time00employment
_____Letter from employer verifying the last six months indicating full-time employment of at least 40 hours per week
EXHIBIT B-1 00PAGE 2 OF EXHIBIT B
* Please do not send documents as you complete them. Complete ALL necessary documents * and requirements first, and then send them in at the same time. Please refer to the checklist on the website for a complete list of required items.
Please email documents (that can be emailed) to:
contestants@metropolitanpageantproductions.org
Please mail all completed documents to:
Metropolitan Pageant Productions, Inc.
226 Ball Pond Road
New Fairfield, CT 06812
_______________________________
NAME SIGNATURE DATE
