"Honeymoon: Take 2" Terms

HONEYMOON:TAKE 2 CASTING CALL

TERMS AND CONDITIONS


1. CASTING CALL DESCRIPTION:

HONEYMOON: TAKE 2 Casting Call (the "Casting Call") is a unique open casting call for couples (each consisting of two individuals who have been in a committed relationship for at least two (2) years (whether married or not) (each a "Submission couple" and collectively, the "Submission Couples"), who are available to be in New York City commencing February 13, 2011 through February 21, 2011 and who meet the other eligibility requirements set forth in section 2. Each Submission Couple will create and submit the following: (i) an essay illustrating, among other things, why they deserve to be selected as a participating couple (each a "Finalist Couple") in proposed events called "HONEYMOON: TAKE 2" tentatively scheduled to be conducted by The Early Show commencing February 15, 2011 through February 18, 2011 and (ii) two original digital photographs of themselves (individually a "Photo" and collectively the "Photos") - one from the beginning of their committed relationship (the "Then Photo") and the other a recent photo (the "Now Photo") (each a "Submission" and collectively the "Submissions"). The Casting Call begins on January 3, 2011 and Submissions may be submitted through 11:59 p.m. Eastern Time ("ET") on February 4, 2011 (the "Submission Period"). Based on the eligible Submissions received, The Early Show will determine if it has received an adequate number of qualified Submissions to conduct the HONEYMOON: TAKE 2 events with four (4) Finalist Couples. Throughout the Submission Period and thereafter through and including February 7, 2011, a panel of judges (including producers from The Early Show) will judge the Submissions based on judging criteria set forth in section 4 below. The producers of The Early Show may also contact Submission Couples who it is considering as potential Finalist Couples for additional information and/or request that a Submission Couple furnish a videotape of themselves as part of the selection process for potential Finalist Couples.

If The Early Show makes the decision to conduct the HONEYMOON: TAKE 2 events, it will notify those Submission Couples that have been selected as potential Finalist Couples by no later than February 8, 2011. The HONEYMOON: TAKE 2 events are tentatively scheduled to include the following: (i) introduction of the Finalist Couples on either Friday, Feb. 11, 2011 or Monday, February 14, 2011; (ii) competitions between the Finalist Couples in various categories selected by The Early Show (the "Competitions") commencing February 14, 2011 through February 18, 2011; (iii) announcement by The Early Show on either Friday, February 18, 2011 or Monday, February 21, 2011 of the winning Finalist Couple and award of a special HONEYMOON: TAKE 2 trip.

The Casting Call is being conducted by CBS The Early Show, 524 West 57 Street, New York, New York 10019.

2. ELIGIBILITY:

The Casting Call is open to legal residents of one of the fifty (50) United States or the District of Columbia, (i) who reside and are physically located in one of those jurisdictions and (ii) who are at least twenty-one (21) years of age at the time of submission of a Submission. Each Submission Couple shall consist of two (2) individuals who each meet the qualifications set forth in the first sentence of this section 2 and who (i) have been in a committed relationship with each other (including but not limited to marriage) for at least two years and (ii) are available to be in New York City to participate in HONEYMOON: TAKE 2 events (including Competitions) beginning Sunday, February 13, 2011 through Monday , February 21, 2011. Employees, officers, directors (and members of their immediate families [spouse, parents, siblings and children and their respective spouses, regardless of where they reside] or households, whether or not related) of, The Early Show, CBS News Inc., CBS Broadcasting Inc. (collectively "CBS"), any person or entity connected with the review and evaluation of the Submissions submitted and any person or entity connected with the production of The Early Show (each, together with The Early Show, a "Casting Call Entity" and collectively the "Casting Call Entities") and their respective parent companies, subsidiaries, franchisees, affiliates, licensees, agents, attorneys, independent contractors and advertising and promotion agencies are not eligible to participate in the Casting Call. The Casting Call is void outside the United States, in Puerto Rico, all US territories and possessions and where prohibited. The Casting Call is subject to all applicable federal, state and local laws.

BY PARTICIPATING IN THIS CASTING CALL, SUBMISSION COUPLES AGREE THAT THE EARLY SHOW MAY, AT ITS OPTION, CONDUCT A BACKGROUND CHECK ON SUCH SUBMISSION COUPLE, AND THAT THE EARLY SHOW RESERVES THE RIGHT TO DISQUALIFY ANY SUBMISSION COUPLE ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED POTENTIAL FINALIST COUPLES MAY BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND BACKGROUND INFORMATION AND TO COMPLETE A BACKGROUND QUESTIONNAIRE.

3. HOW TO SUBMIT AN SUBMISSION/SUBMISSION REQUIREMENTS SUMMARY:

To participate in the Casting Call, one member of an eligible Submission Couple must log on to http://www.cbsnews.com/sections/earlyshow/main500202.shtml, follow the link to the official online Submission email for HONEYMOON: TAKE 2, and complete and submit the Submission email as instructed below. Submission will be deemed made by both members of the Submission Couple. Submission Couples will be required to submit their contact information, an original essay (maximum: 1000 words), in English (either as a typed attachment or typed in the space provided in the Submission email) including, but not limited to, the following: (i) your definition of a "second honeymoon" and what it would mean to have one; (ii) details of how you met and length of your relationship; (iii) details about your first honeymoon (if you had one); (iv) why you deserve to be a Finalist Couple to participate in The Early Show's "HONEYMOON: TAKE 2" events and to win a "second honeymoon" trip; and (v) any other relevant information or interesting facts you think The Early Show should know about you individually or as a couple (the "Essay"), and two (2) digital photographs - a Then Photo and a Now Photo - in .jpg or .gif format, no larger than 2MB in size each. By submitting the Submission the Submission Couple signifies that both members of the Submission Couple have read, accepted and agreed to be bound by these Official Terms and Conditions, including the decisions of The Early Show, which are final and binding in all respects. Limit one (1) Submission per Submission Couple. Any individual who attempts to register, or in the sole discretion of The Early Show is suspected of registering more than once, by any means, including but not limited to establishing multiple e-mail accounts will be disqualified from participating in this Casting Call.

Submissions which The Early Show deems in its sole discretion to be sexually explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in bad taste, or which otherwise may reflect unfavorably on The Early Show or any of the other Casting Call Entities are not eligible and will be disqualified.

The Early Show is not responsible for lost, late, incomplete, corrupted, stolen, misdirected or delayed Submissions; any computer, telephone, wireless phone, cable, network, satellite, electronic, or Internet hardware or software malfunctions; unauthorized human intervention, or the incorrect or inaccurate capture of an Submission or other information, or the failure to capture such information. All Submissions become the property of The Early Show and will not be acknowledged or returned.

Submission Requirements Summary. Each Submission:
1. Must contain an original Essay (maximum: 1000 words) and two original Photos (digital photograph) of the Submission Couple only, both created and owned by one of the members of the Submission Couple;
2. Each Photo must have a file size no greater than 2MB with minimum dimensions of 390 x 520 pixels or 520 x 390 pixels;
3. Each Photo must not include any person other than the Submission Couple.
4. Photos and/or the Essay must not be sexually explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in bad taste, or otherwise reflect unfavorably on The Early Show;
5. Essay must not contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a particular race, ethnicity, religion, sexual orientation or socioeconomic group);
6. Essay must not include threats to any person, place, business, group or world peace;
7. Essay must be written in English and typed either in a document that can be uploaded with the Submission or in the Submission email itself;
8. Photos and/or Essay must not contain any commercial content that promotes any product or service or contains or references any third party names, logos, service marks, trademarks, trade names or trade dress (including on any clothing worn by either member of the Submission Couple appearing in either of the Photos).

All Submissions will be reviewed by The Early Show for content and compliance with these Official Terms and Conditions before being published or judged; however, such review does not relieve Submission Couple from responsibility for compliance with these Official Terms and Conditions. Submissions that do not comply with these Official Terms and Conditions or that otherwise contain prohibited, or inappropriate content as determined by The Early Show, in its sole discretion, will be disqualified and will not be published or considered for advancement in the Casting Call.

4. SELECTION OF POTENTIAL FINALIST COUPLES:

The producers of The Early Show will review all eligible Submissions received during the Submission Period. All such eligible Submissions will be judged by The Early Show's producers who will score such Submission Couple's Submission based on the following judging criteria:

(1) Overall Style, Creativity and Story of Essay- 25%
(2) Presence and Personality of the Submission Couple - 25%
(3) Submission Couple appears to deserve a "second honeymoon" - 25%
(4) Entertainment Value of Submission and Submission Couple - 25%.

Subject to receipt of an adequate number of acceptable Submissions, the Early Show will select between four (4) and ten (10) Submissions which best meet the judging criteria specified above and will contact such Submission Couples for further information and/or interviews. Each of the Submission Couples selected as a Finalist Couple, will receive the following Finalist Award: round trip air transportation (ground transportation if Submission Couple lives within 100 miles of New York City), Hotel room (one room) commencing Sunday, February 13, 2011, through Monday, February 21, 2011, a per diem food allowance for each member of the Finalist Couple; ground transportation to/from The Early Show studio for each day there are HONEYMOON: TAKE 2 events scheduled. Complete details of HONEYMOON: TAKE 2 events and instructions for participation will be furnished to Finalist Couples after completion of selection of such Finalist Couples.

Additional Requirements for Potential Finalist Couples: Each member of a potential Finalist Couple (i) will be required to complete, execute and return within the time period specified by The Early Show a copy of these Official Terms and Conditions and such further agreements as may be required by The Early Show; and (ii) be willing and able to participate in Competitions conducted by The Early Show as part of the HONEYMOON: TAKE 2 events. In addition, in order to participate in the HONEYMOON: TAKE 2 events, (i) each Finalist Couple must be able to take the trip awarded to the winning Finalist Couple by December 31, 2011 (subject to restrictions and blackout dates) and (ii) each member of a Finalist Couple must have (or be in the process of obtaining) a valid, current passport allowing for international travel through December 31, 2011. If any Finalist Couple: (a) fails to return such completed documents fully-executed within the specified time period, (b) fails to comply with these Official Terms and Conditions, and/or (c) cannot be contacted by The Early Show within a reasonable time period, or if notification is undeliverable, the opportunity to participate in the HONEYMOON: TAKE 2 events will be forfeited, and, at The Early Show's sole discretion, another potential Finalist Couple may be selected.

5. CONDITIONS OF PARTICIPATION:

Each Submission Couple in the Casting Call must have a valid Social Security number. The benefits and amenities to be provided to the Finalist Couples in connection with the Casting Call
are not transferable, assignable or redeemable for cash, except at The Early Show's sole discretion. No substitutions will be made, except at The Early Shows' sole discretion.

As conditions of entry into the Casting Call, each Submission Couple, jointly and severally,:

(a) WARRANTS AND REPRESENTS THAT

(i) ONE OR BOTH MEMBERS OF THE SUBMISSION COUPLE IS/ARE THE CREATOR(S) OF THE SUBMISSION (INCLUDING THE ESSAY AND THE PHOTOS) AND OWNS ALL RIGHTS TO THE SUBMISSION SUBMITTED IN THIS CASTING CALL;

(ii) SUBMISSION COUPLE ARE THE ONLY INDIVIDUALS PICTURED IN THE "THEN PHOTO" AND "NOW PHOTO" SUBMITTED AS PART OF THE SUBMISSION;

(iii) SUBMISSION COUPLE HAS NOT GRANTED, AND WILL NOT GRANT, ANY RIGHTS WHATSOEVER IN THE SUBMISSION TO ANY OTHER PERSON OR ENTITY;

(iv) SUBMISSION DOES NOT CONTAIN ANY CONTENT THAT IS OR MAY BE LIBELOUS, SLANDEROUS, INACCURATE, FALSE, INCOMPLETE OR POTENTIALLY DANGEROUS OR HARMFUL IN ANY WAY;

(v) SUBMISSION (INCLUDING THE ESSAY AND THE PHOTOS): (1) IS ORIGINAL TO SUBMISSION COUPLE AND HAS BEEN LEGALLY OBTAINED AND CREATED; (2) DOES NOT VIOLATE OR INFRINGE UPON THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS; AND (3) HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM WHATSOEVER; AND

(vi) SUBMISSION IS IN ACCORDANCE WITH THE OFFICIAL TERMS AND CONDITIONS.

(b) irrevocably licenses to the Casting Call Entities and their affiliates, legal representatives, assigns, agents and licensees, on a perpetual, worldwide, royalty-free, non-exclusive, sublicensable, unconditional and transferable basis, the right to reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Submission Couple's names, addresses, images, voices, likenesses, statements, biographical material and Submission materials, including, but not limited to, the Photos and Essay contained in any of the above items ("Submission Materials"), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Submission Couple and arising out of their participation in this Casting Call (with or without using the Submission Couple's name) (collectively, the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Casting Call Entities, their licensees, or assigns, in the Casting Call Entities' sole discretion) in any media, format or medium throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Submission Couple or any other party, except as prohibited by law;

(c) forever waives any rights of privacy, rights of publicity, intellectual property rights, and any other legal or moral rights that may (i) preclude Casting Call Entities' use of the Submission Materials or Additional Materials, or (ii) require the Submission Couple's permission for Casting Call Entities to use them for any purpose, and agrees to never sue or assert any claim against the Casting Call Entities' arising out of use of those Submission Materials or Additional Materials or otherwise;

(d) acknowledges and agrees that (i) Casting Call Entities have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Submission Materials in theme, idea, plot, format, characters and/or other respects; (ii) Submission Couple will not be entitled to any compensation or other consideration because of the use by Casting Call Entities of any such similar or identical material, ideas and/or concepts; and (iii) Casting Call Entities' use of material containing elements similar to or identical with those contained in the Submission Materials or any Additional Materials shall not obligate Casting Call Entities to negotiate with nor entitle Submission Couple to any compensation or other claim;

(e) WILL INDEMNIFY AND HOLD THE CASTING CALL ENTITIES AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND ANY OF THEIR EMPLOYEES (COLLECTIVELY, THE "CASTING CALL INDEMNITEES"), HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE CASTING CALL INDEMNITEES ARISING OUT OF OR IN CONNECTION WITH (A) SUBMISSION MATERIALS OR ADDITIONAL MATERIALS (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS OF THIRD PARTIES, WHETHER OR NOT GROUNDLESS, BASED ON THE SUBMISSION OF SUCH OTHER MATERIAL); (B) ANY BREACH BY SUBMISSION COUPLE OR ANY MEMBER OF SUBMISSION COUPLE OF ANY WARRANTY, AGREEMENT OR REPRESENTATION CONTAINED IN THE OFFICIAL TERMS AND CONDITIONS OR TERMS OF SERVICE OR IN ANY DOCUMENTATION SUBMITTED BY SUBMISSION COUPLE; (C) SUBMISSION COUPLE'S CONDUCT DURING AND IN CONNECTION WITH THIS CASTING CALL, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR DEFAMATION; OR (D) THE ACCEPTANCE OF ANY BENEFIT OR AMENITY PROVIDED IN CONNECTION WITH THE CASTING CALL; and

(f) agrees to execute any documents or take any further action required by CBS to effectuate the grant of copyrights and other agreements made by each Submission Couple in these Official Terms and Conditions. In addition, and at CBS's request, each Submission Couple agrees to execute documents that assigns to CBS all rights, title, interest and copyright in and to their Submission.

6. GENERAL:

The Casting Call Entities make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any benefit or amenity in connection with the Casting Call, including, without limitation, its quality, merchantability or fitness for a particular purpose.

Casting Call Entities, at their sole discretion, reserve the right to edit, cut, copy, reproduce, rearrange, change, add to, delete from, translate, dub, adapt or otherwise revise and/or alter any Submission Materials or Additional Materials submitted or blur or distort any person, place or item in such materials. Each Submission Couple hereby waives any moral rights or so-called droit moral in and to his/her Submission Materials or Additional Material AND EACH MEMBER OF EACH SUBMISSION COUPLE HEREBY IRREVOCABLY RELEASES EACH OF THE CASTING CALL ENTITIES FROM ANY LIABILITY OR CAUSE OF ACTION RELATED TO EDITING, CUTTING, COPYING, REPRODUCING, REARRANGING, COMMENTING, CHANGING, ADDING TO, DELETING FROM, TRANSLATING, DUBBING, ADAPTING OR OTHERWISE REVISING AND/OR ALTERING SUCH MATERIALS, BLURRING OR DISTORTING ANY PERSON, PLACE OR ITEM DEPICTED IN SUCH MATERIALS.

The Casting Call Entities are not responsible for: (i) any typographical errors in these Official Terms and Conditions or the advertising, promotion of the Casting Call; (ii) any kind of electronic, hardware, software or technical problems caused by the Casting Call Entities, the user or by any of the equipment or programming associated with or utilized in the Casting Call; or (iii) any human error which may occur in the processing of the Submissions in the Casting Call or selection of the potential Finalist Couples or which may limit any Submission Couple's ability to participate in the Casting Call.

If the Casting Call becomes compromised, hampered, interrupted, not capable of running as planned, or rendered impossible of performance in any way, The Early Show reserve the right, in its sole discretion, to cancel, suspend or withdraw the Casting Call, without notice, and, at its option, to select the potential Finalist Couples for the Casting Call prior to or after the cancellation, suspension, reschedule or withdrawal.

Each member of a Submission Couple or the Submission Couple collectively will not knowingly damage or cause interruption to the Casting Call and/or prevent others from participating in the Casting Call. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CASTING CALL VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, THE EARLY SHOW MAY DISQUALIFY ANY SUBMISSION COUPLE MAKING SUCH ATTEMPT AND THE EARLY SHOW MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

7. DISPUTES; GOVERNING LAW:

Except where prohibited, as a condition of participating in this Casting Call, Submission Couple agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Casting Call, or any benefit or amenity in connection herewith, or the determination of the Finalist Couples shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Submission Couple be permitted to obtain awards for, and hereby irrevocably waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Submission Couple's actual out-pocket expenses (e.g., costs associated with entering this Casting Call), and Submission Couple further waives all rights to have damages multiplied or increased.

All issues, questions and rights and obligations of a Submission Couple in connection with this Casting Call shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Official Terms and Conditions and/or for entering any judgment on an arbitration award, shall take place in the State of New York, County of New York.

The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Terms and Conditions and/or this Casting Call. All arbitration proceedings shall be conducted under the auspices of JAMS, under its Streamlined Arbitration Rules and Procedures, or subsequent versions thereof, through its New York office. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Casting Call, and in no event shall a Submission Couple be entitled to receive attorney's fees or other legal costs.

8. PRIVACY:

By entering the Casting Call, each member of a Submission Couple agrees to CBS's use of his/her personal information, as described in the applicable CBS Privacy Policy, located at http://cbsiprivacy.custhelp.com/app/answers/detail/a_id/1265.

9. NAMES OF FINALIST COUPLES:

If The Early Show determines that it will conduct HONEYMOON: TAKE 2, to obtain the name/home town of the each of the Finalist Couples, send a self-addressed, stamped envelope before Friday, February 11, 2011 to The Early Show - HONEYMOON: TAKE 2 - Finalist Couples.
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