Applicant Release Form
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RECIPE TO RICHES (the “Program”) APPLICANT’S RELEASE FORM NOTE: YOU MUST PROVIDE A FULLY SIGNED HARD COPY OF THIS RELEASE FORM WITH YOUR SUBMISSION PACKAGE. DEFINED TERMS USED HEREIN, UNLESS OTHERWISE DEFINED HEREIN, SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THE COMPETITION RULES. 1. I understand that if I consider my Recipe a trade secret or otherwise wish to keep my Recipe or any ingredient, element or idea therein confidential I should not participate in this Competition or submit a Recipe either through an Online Entry or by attending an Open Call. By submitting a Recipe in connection with the Competition, I acknowledge and agree that such submission constitutes public disclosure of the Recipe. I acknowledge and agree that there is no obligation of confidentiality or fiduciary duty owed to me by any Competition Entity in respect of the Recipe I submit. A third party, including, without limitation, any Competition Entity may reproduce, display, publish, exhibit, develop, manufacture, market, sell or distribute a recipe or product which is similar or identical to my Recipe or any elements or ideas contained therein throughout the world in perpetuity. I understand and agree that such third party or Competition Entity has an independent legal right to do so including, without limitation, because the Recipe, elements or ideas are not new or novel, are in the public domain or otherwise publically available, were not created by me, or because other persons have submitted similar or identical recipes, elements or ideas, or because such recipes, elements and ideas have been independently conceived or developed by other persons. 2. I represent and warrant that: (a) I am over the Age of Majority in my province or territory of residence as of the date I submit my Online Entry, or the date on which I attend an Open Call, or the earlier of both dates, if I both submit an Online Entry and attend an Open Call. (b) I am a legal resident of Canada; (c) I am not, and have never been, a professional in the food or recipe preparation industry, including, but not limited to, a professional chef, cook, baker, caterer, food stylist, recipe book author for commercial distribution, or otherwise involved in a similar role in the professional preparation of food or recipes; (d) I do not have a criminal record or pending criminal charges. (e) I have not entered into any contractual, commercial, sponsorship or other arrangement in respect of my name, likeness, image or biography that would prevent me from participating in the Competition and/or the Program, or the broadcast and promotion thereof. I acknowledge and agree that Producer reserves the right, in its sole discretion, to determine compliance with any or all of the foregoing requirements. 3. I further represent that I am not an employee, agent, representative, officer or director of the following entities, nor do I reside with any such individual (whether related or not) nor am I a member of the immediate family (defined as parent, child, sibling or spouse, regardless of where they live) of any such individual: Temple Taste III Productions Limited; Temple Street Productions Inc., the Canadian Broadcasting Corporation (“CBC”); Loblaws Inc. (“Loblaws”); the judges of the Program; the host of the Program; any person or entity connected with the production, administration or judging of the Competition or the Program; and their respective advertising and promotional agencies, affiliates, subsidiaries, franchisees, agents or representatives of any of the foregoing entities including in the case of Loblaws, operations conducted under its various banner names including but not limited to: Loblaws, Extra Foods, Real Canadian Liquorstore, No Frills, Real Canadian Superstore, T&T Supermarket, Real Canadian Wholesale Club, Loblaw Great Food, Loblaws Great Food Your Independent Grocer, Zehrs Markets, Zehrs Great Food, valu-mart, Provigo, Maxi, Maxi & Cie, Club Entrepôt, Les Entrepôt Presto, SaveEasy, Atlantic SuperValu, Atlantic Superstore, Atlantic Cash & Carry, Axep, Bloor Street Market, Freshmart, Fortinos, L'inter Marché, Lucky Dollar, Shop Easy, SuperValu West, NG Cash & Carry and Wholesale Club (collectively, the “Competition Entities”). 4. I have read and agree to abide by the Competition Rules as revised from time to time by Producer and accept all decisions of the Producer and/or Producer’s Designated Representatives, the Judges (and, where applicable, the decision of the voting public) with respect to the Competition and the Program as final and not subject to challenge or appeal and hereby acknowledge that the interests of the Program shall override those of any Applicant, as determined by Producer in its sole discretion. I further acknowledge and agree that if I am invited to be a Participant and choose not to be a Participant, as determined by Producer in its sole discretion, if I am unavailable to travel and/or participate in the Program, as determined by Producer in its sole discretion, fail to provide any necessary documentation, or otherwise fail to comply with the Competition Rules, I will not be eligible to be a Participant and Producer may select another Applicant, using the same criteria as outlined in the Competition Rules, to invite him/her to be a Participant. I acknowledge and agree that, if I am chosen as a Category Winner, depending on the air date of the episode in which I appear, my Recipe will be available in grocery stores as President’s Choice®* or other Loblaws branded products for a length of time that may be shorter or longer than the length of time other Category Winner’s products are available in grocery stores prior to the public vote to determine the Grand Prize Winner. I further acknowledge and agree that any such variance is a result of production scheduling only and I irrevocably release the Competition Entities from any responsibility or liability for such variance including for any claim that such variance may impact, or has impacted, the outcome of the public vote to determine the Grand Prize Winner. 5. I have answered all questions in the Application Form honestly and accurately and will answer all questions posed to me by the Producer honestly and accurately. If any of the information that I have provided or will provide is found to be false, misleading or incomplete, it may be grounds for the rejection of my Submission Package, my being disqualified from the Competition or as a Participant in the Program (if selected as a Participant) and/or the return of any prize or other benefit I may have received as a Competitor, whether or not such prize/benefit has already been awarded to me, as determined in Producer’s sole discretion. 6. Even if I meet the eligibility requirements, the Producer has no obligation to view my Video (if I submit one), taste my Recipe Submission or have Producer’s Designated Representatives taste my Recipe Submission at an Open Call, to contact me and/or to select me as a Participant. Even if I pre-register to attend an Open Call, it is not guaranteed that the Producer or the Producer’s Designated Representatives will taste my Recipe Submission nor will pre-registration increase the likelihood of being selected as a Participant. Even if I am selected as a Participant, neither the Producer nor any other Competition Entity has the obligation to produce the Program or to broadcast the Program, even if it is produced. All decisions by the Producer concerning selection of the Applicants as Participants are final and not subject to challenge or appeal. The Producer shall own and shall have no obligation to return or maintain any physical materials submitted by me as part of my application whether or not I am or am not selected as a Participant. 7. I represent and warrant that my Recipe: (i) complies with the Competition Rules; (ii) is my creation and that (a) I am the sole and exclusive owner of all right, title and interest (including any copyright) in and to the Recipe, and (b) I have the right and authority to grant the rights in and to the Recipe as contemplated by the Competition Rules; (iii) is not the subject of any trademark, patent or copyright or the subject of any actual or threatened litigation or claim; (iv) does not violate or infringe upon the rights of any third party including, without limitation, intellectual property rights, and use of the Recipe as contemplated by the Competition Rules will not give rise to any claims of infringement; (v) has never been professionally published (e.g., in cookbooks or magazines or their online equivalents), commercially exploited, or competed in or won any other television competition, national contest, or professional award. I understand that the Producer may, in its sole discretion, permit me to submit a Recipe that has been commercially exploited on a small scale provided that I have disclosed the nature and extent of the commercial exploitation in my Application Form; (vi) does not include any references to commercial content (including, without limitation brand names, trade names, trademarks, service marks or logos of any third parties) or otherwise promote any brand, product or service; and (vii) does not contain any ingredient(s) that may not be legally purchased within Canada. 8. I hereby irrevocably grant to Producer the unlimited right and permission to copy, reproduce, display, broadcast, publish, distribute, edit, adapt, modify and otherwise use, worldwide in perpetuity, all or any part of the Recipe in any form of media, including, without limitation, television and the Internet, in connection with the Program, including, without limitation, any advertising, promotion or publicity of the Program, and I waive any and all moral rights in and to the Recipe, in either case without notice or compensation (collectively, the “Rights”).