Terms and Conditions
These Terms and Conditions will constitute your agreement with Arm Wrestling League LLC (d/b/a “CAWL to Arms”) (“Producer”) and will govern your application to appear as a contestant in a CAWL to Arms arm wrestling competition (to be held at the dates and times advertised but are subject to change) (the “Competition”) and will govern your participation in the Competition. If you do not agree to these terms, your application will not be considered and you will not be permitted to participate in the Competition. Throughout this document we will refer to you as “you” and “your” and sometimes will refer to Producer as “we,” “our” or “us.” “We,” “our” and “us” shall include, as appropriate, Producer, its officers, directors, principals, employees, and agents, affiliated companies, subsidiaries, parent companies and assigns.
The Competition pits a team of college students in arm wrestling matches against another team comprising students from a different college. Each winning team will advance to the next round until one team remains. The Competition is scheduled to be held on November 17 and 18, 2013 in Asbury Park, New Jersey. Dates and locations are subject to change in our sole discretion. The winning team will receive a cash prize (“Cash Prize”) in the amount of $10,000.00. The Competition will be filmed or videotaped and a contract is in place with a national television network to broadcast an edited version of the Competition. Any announced air dates are subject to change and broadcast is subject to cancellation.
There is no fee to be a contestant. You must be at least 18 years of age, no more than 29 years of age and enrolled as a full time student at a participating four year college or university or a collegiate graduate college or university program (“School”) as of September 10, 2013. For the Competition being held November 17 and 18, 2013, only students from University of Connecticut, Syracuse University, Rutgers University and Penn State University will be eligible. You also must agree to be bound by these Terms and Conditions. You may participate in more than one year of the Competition as long as you reapply and remain eligible under the eligibility rules then in effect.
CAWL to Arms is a team sport. If selected to participate in the Event, you will be placed on a team comprising other students enrolled at your School. Each team will comprise 3 males and 3 females. One male and one female from each team shall be designated by each team as reserve players (each an “Alternate”) who perform only in the event of an injury, illness or withdrawal of another teammate. A male Alternate may only substitute for a male player and a female Alternate may only substitute for a female player. Once a player has been replaced by an Alternate, the replaced player is ineligible to return for the remainder of the Competition. In years 2014 and beyond, in the event a player is replaced by an Alternate, the replaced player will be ineligible for the remainder of that round (e.g., preliminary round, qualifying round, quarter final round, final round, etc.), but may be re-activated to compete in subsequent rounds if that player’s team advances.
Selection of applicants to participate in the Competition will be in our sole discretion. While the Competition is intended to be fun for all involved, first and foremost, this is a serious sporting event, so physical skill in this sport will be a critical factor in the selection process.
If You Are Selected
If you are selected to participate, you will be required to confirm that you will participate in the Competition within 72 hours of being notified. Once you confirm that you will participate in the Competition, we will provide you contact information for each of your team members. We will provide you hotel accommodations, transportation to and from your school, local transportation to and from the hotel to the site of the Competition and food and beverages during filming. You will be responsible for all other costs.
The Tournament Rules apply to and shall govern the Competition. Our interpretation of the rules is final and is not appealable. You are responsible for knowing and complying with the Tournament Rules. We reserve the right to modify tournament rules at any time if in our judgment such modification is for the good of the tournament.
Payment of Cash Prize If Your Team Wins the Competition
A $10,000 Cash Prize will be paid to the winning team within 30 days after conclusion of the Competition. The prize will be paid in separate checks divided equally among team members, including Alternates, unless a team upon written approval of all team members specifies otherwise. Under no circumstances may a team member (including Alternates) receive less than 10 percent of the Cash Prize.
Waiver and Hold Harmless
You understand that participation in this sporting activity involves risk of serious injury, represent that you are physically fit and able to compete, and assume all responsibility to be fit and properly equipped at all times during the Competition. You assume all risk of injury, loss or death related to your participation in the Competition and waive, release and agree to hold us and our officers, directors, agents, employees, all Competition employees, staff, volunteers, physicians, officials, location hosts and Competition sponsors (hereinafter collectively “Released Parties”) harmless from any and all claims, damages, causes of action and suits, in law or in equity, as well as all controversies, debts, undertakings, obligations, injuries, expenses, including attorneys’ fees, arising from the negligence or misconduct of any of the Released Parties, third parties over whom the Released Parties have no authority or control, including but not limited to other Competition participants. This Waiver shall be binding on your heirs and representatives.
THE RELEASED PARTIES MAY NOT BE HELD LIABLE FOR AND YOU WAIVE THE RIGHT TO MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR OR TO COLLECT FROM THE RELEASED PARTIES ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You waive all rights under state or federal law that circumscribes the enforceability of any release or waiver in which a party releases or waives claims that the releasing party does not know exist as of the date the release is given (including California Civil Code Section 1542) which if had been known by the releasing party would have materially affected his or her decision to grant such release and waive the right to pursue such claims against the released party.
Equipment and Clothing
You are responsible for acquiring and maintaining any and all equipment that you utilize to participate in the competition and you waive all claims against us for any loss or damage to your equipment.
During the Competition we will provide to you an official competition tank top to be worn by you during the Competition. You shall wear no upper body clothing (such as hats) having a visible company, or product name, trademark, service mark or logo (collectively referred to hereafter as a “Mark”). In the event you will be using equipment having a visible Mark you must advise us prior to filming. We reserve the right to cover any such Mark or to change clothing to clothing containing no Mark.
Use of Name, Image, Likeness and Voice for Commercial Purposes
The Competition is being filmed for usage as a commercial television program to be broadcast throughout the United States and, possibly, throughout the world. It is possible that the Competition may be presented in one or more broadcasts in more than one broadcast (each a “Program”). As part of production of the Programs we may be filming behind the scenes footage shots of you participating in activities other than the Competition. You agree to make yourself reasonably available for such behind the scenes filming and for interviews. You grant us and our assigns the right to use your name, image, likeness, voice and sobriquet (“Likeness Rights”) in connection with the commercial and non-commercial exploitation of the Programs and in connection with the promotion, in the advertising and promotion of the Programs and in the advertising and promotion of us and our assigns, in all media now known or hereafter devised. The right to so use your Likeness Rights shall apply to all footage (“Footage”) of you we shoot, regardless of whether it is incorporated into a Program. The rights you have granted us and our assigns to use your Likeness Rights, further, shall apply to all materials you submit to us as part of your application (“Application Materials”) to be a contestant in the Competition. We reserve the right to modify the Programs and to combine any portion of any Program and any part of the Footage with video and audio footage unrelated to the Competition for creation of new programs to be used for commercial and non-commercial purposes in all media now known or hereafter devised. It also is understood that the rights you grant to us include the right to include any part of the Programs, the Footage and the Application Materials in so-called “blooper” programs and production pieces broadcast and otherwise disseminated because the content of the same may be deemed humorous to some viewers.
Ownership of Rights
We shall be the owner of all rights, including copyrights, in and to the Competition, the Programs, the Footage and the Application Materials and all your performances embodied in the same. To the extent any of your words or performances in the Competition, the Programs, the Footage or materials contained in the Application Materials constitutes copyrighted or copyrightable works, you assign all such copyrights to us and agree that the same constitute a work made for hire for our benefit. You further agree to waive any right you might have to prevent us from modifying any of your performances without your consent (so called rights “droit moral”).
You represent that you are the sole and exclusive owner of all of your Application Materials and all related rights (such as copyrights) associated with the Application Materials and have full authority to grant us all rights in the Application Materials.
All rights, other than copyrights, and waivers you grant to us under these Terms and Conditions shall apply forever throughout the world. All copyrights you assign to us or that otherwise are created and owned by us pursuant to these Terms and Conditions shall apply for the full life of the applicable copyright, and any extensions and enlargements thereof, throughout the world.
Ownership of Trademarks
“CAWL to Arms,” “College Arm Wrestling League” and their associated logos, are trade names and trademarks (collectively the “Producer Marks”), respectively, owned by Producer. By applying for or participating in the Competition, you acquire no rights in Producer Marks.
You agree that any dispute that arises between you and us shall be governed by the laws of the State of New York and shall be venued in state court in Monroe County, State of New York. In the event you prevail in any action or proceeding, you agree that you shall be entitled only to damages and waive and agree that you shall not be entitled to injunctive relief of any kind, including, but not limited to, the right to enjoin the broadcast or the advertising and promotion of any Program or to enjoin use of any of the Footage, Application Materials or Likeness Rights for any of the purposes granted under these Terms and Conditions.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING YOU COMMENCE AGAINST US.
You deem the opportunity to be considered to compete for a prize and the possibility of appearing in a televised program to be valuable consideration. It is understood that, because of many variables occasioned in editing and broadcasting, there is no guarantee that you or any of your Likeness Rights will appear in a Program, or that any of your Likeness Rights will be employed in any promotion or advertising or other use of the Footage.
Information Is Not Private
You understand that the Competition is intended to be a pre-recorded or live televised sporting program and that any personal information (“Information”) you provide to us about yourself may be used in and disclosed by us as part of the Programs, in the promotion and advertising of the Programs and any subsequent usage of the Footage with other programs, in any and all media now known or hereafter devised. Because we are selecting applicants to participate as a team you further understand that we will disclose information about you to your teammates. You, therefore, waive any and all claims against us for disclosure of information you provide to us and grant us permission to disclose your personal information.
The Competition will be recorded for broadcast on later dates. Because you will gain knowledge of the results of the Competition (“Results”) before each Program is broadcast, it is important that you not to disclose any Results to any person not participating in the Competition. You, therefore, agree not to disclose, verbally or in any written or electronic medium, the results of any round of the Competition before each Program is first broadcast and agree to keep the same confidential. You further acknowledge that the disclosure of the Results will cause us irreparable harm entitling us to immediate injunctive relief and damages, including attorneys’ fees. The term “Results” as it is used in this paragraph includes but is not limited to the scores and the identity of the winning and losing teams in each round of the Competition.
Modification of Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time prior to your participation in the Competition. In the event we modify these Terms and Conditions, such Terms and Conditions, as amended, shall apply. None of the Terms of Conditions may be modified nor may exceptions (“Exceptions”) to the Terms and Conditions be granted by any of our representatives orally or via electronic communications (such as email and text messages) with you. Modifications to these Terms and Conditions and Exceptions must be in a written document that we create and disseminate in writing on this website.
No Other Representations, Warranties or Promises
You agree and acknowledge that we have made no representations, warranties or promises to you not contained in these Terms and Conditions. All communications, if any, between you and us prior to your acceptance as a participant in the Competition are deemed to be merged into and superseded by these Terms and Conditions.
Contestants Who Participate in Sanctioned School Sports
This Competition is not sanctioned by the NCAA or other collegiate sports organization. Additionally, we will award the members of the winning team a Cash Prize. You may waive receipt of your portion of the Cash Prize. If you are a member of or plan to participate in a sanctioned collegiate sporting activity, you are responsible for consulting the rules of the applicable governing association to determine your eligibility to participate in the Competition.
You Are Bound By These Terms and Conditions
By applying to be a contestant in the Competition, you understand and agree that you are bound by these Terms and Conditions.