Contestant’s Official Application and Contract for MISS _____________________________ LATINA (Name of State) State Pageant Preliminary to the 2015 Miss U.S. Latina™ Pageant I, ______________________________________________, in seeking to participate in the State Pageant in the state named above preliminary to the 2015 Miss U.S. Latina Pageant, am fully aware that I must understand and accept the requirements of the competition, including the rules for the contestants and the guidelines and limitations that will be applicable to my activities during my Title Term if I am selected as “Miss ______________________________ Latina 2015” (the “State Titleholder”). I understand and accept that approval of my participation in the State Pageant and, if selected the winner, term as State Titleholder, will be specifically based upon the representations and agreements in this Application and Contract (the “Agreement”) and its attachments and the continued compliance with all of the regulations of the worldwide pageant system exclusively for Latina women operated by Organizacion Miss America Latina, Inc. with established guidelines at all competition levels (the “Program”). 1. I represent and warrant as follows: a) I understand that the Miss _______________________________ Latina competition is an independently produced and operated preliminary qualifying pageant to the Miss U.S. Latina ™ Pageant (the “National Pageant”), duly licensed by and under strict guidelines from Organizacion Miss America Latina, Inc. b) I understand that in this Agreement, “OMALI” means Organizacion Miss America Latina, Inc.; “you” or “Licensee” means the person or entity that conducts the State Pageant, as authorized and recognized by OMALI; the “License Agreement” means the State Pageant License Agreement between OMALI and Licensee; and, all other capitalized terms have the same meanings as in the License Agreement, unless otherwise defined in this Agreement. c) I understand and agree that you shall determine, in your sole judgment, the contestants for the State Pageant and all eligibility issues for competition in the State Pageant in accordance with standards prescribed by OMALI from time to time. I further agree to accept the obligations that I will incur as a contestant for the State Pageant under this Agreement should I be accepted as a Contestant. d) I meet the established age eligibility requirement by OMALI of being at least 18 years of age by May 1st and not over 27 years of age on December 31, 2015 to participate in the 2015 National Pageant. e) I satisfy at least one of the three following residency and documentation requirements for competing in the State Pageant and will maintain such residency through the State Pageant and, if I win the State Pageant, through the 2015 National Pageant: (1) I have been a resident of the state in which I am competing for at least six (6) months immediately pre-ceding the date of the first preliminary competition of the State Pageant. (2) I have successfully completed one semester as a full-time student (minimum 12 credit hours) at a college or university located in the state in which I am competing and am presently a registered full-time student physically attending classes at a college or university located within that state. I understand and agree that no more than two (2) full-time semesters have elapsed between the completion of the last full-time semester and the beginning of the next full-time semester of attendance as described within this paragraph. I am considered a “full-time student” by the college or University that I am currently enrolled at and that I am physically attending classes in the state in which I intend to compete. (3) I have been employed in the state as a full-time employee (at least forty hours per week, or such other number of hours as may qualify by law as “full-time” employment in the state in which I am competing) for at least six (6) months immediately prior to the first preliminary competition of the State Pageant. (4) In order to establish my compliance with these residency requirements, I am attaching copies of at least two (2) of the following types of bona fide documents: state driver’s license, voter identification or registration, lease or deed in my name, utility bills in my name, student I.D., transcripts, enrollment form, paystubs, tax returns. I understand and agree that you have the right to reject information or documentation you feel has not been gathered or provided in good faith. f) I am of Hispanic/Latino origin and have always been female from birth. g) I am not married nor in any legally binding personal relationship. I am not now pregnant and I have never given birth to a child. I am not and have never been a parent or adoptive parent of any child. Initial Here ______ FORM MS10915 OMALI Page 1 of 6 State Contestant Contract h) I am of good moral character and I have not been involved at any time in any act of moral turpitude. Further, I have never, knowingly or unknowingly, performed any act or engaged in any activity or employment that is or you could characterize as dishonest, immoral, lewd or indecent. Other than minor or petty offenses, I have never been convicted of any criminal offense and there are no criminal charges presently pending against me. i) I am in good health and can, to the best of my knowledge, participate fully and without limitation in any State Pageant activities. I do not use or consume any illegal drugs and I do not abuse the use of alcohol, prescriptive drugs or other dangerous substances. j) I understand and agree that: (1) My weight must be and remain proportional to my height throughout my entire participation in the State Pageant and thereafter, if I am selected as State Titleholder. (2) I must have the appropriate wardrobe for participation, as specified separately by you; (3) I have or am able to obtain the necessary documents for traveling outside of the USA. k) I am not presently a titleholder or contestant of another pageant system or similar competition. l) I do not have any legal obligations that would prevent or limit my participation and appearances in the State Pageant or, if selected as State Titleholder, in the National Pageant, or my compliance with the rules, regulations and conditions of this Program, 2. If accepted as a Contestant, I agree: a) To provide you with any additional information or documents that may be required to determine my eligibility to participate as a Contestant, including but not limited to, proof of identity, age, residency and nationality; b) To participate at the 2015 National Pageant should I win the State Pageant; c) That if, at any time after I file this Application and Contract with you, any of the facts stated in this Application and Contract should change, I have the obligation to report any such change in writing immediately to you, in the understanding that if I fail to do so, you, in your sole discretion, may determine to limit or prevent my participation in the State Pageant. I further understand that changes in any of these facts may result in my disqualification for the State Pageant and, if the winner of the State Pageant, my disqualification for the 2015 Miss U.S. Latina Pageant; d) That you, in accordance with standards prescribed by OMALI from time to time, shall have sole judgment and control over every aspect of the State Pageant; that your decisions on all matters related to the State Pageant shall not be subject to any limitation whatsoever, except for any limitation imposed by law. Without limiting the forgoing in any way, I understand and agree that, using your sole judgment and applying standards for judging prescribed by OMALI from time to time, you will determine the manner and method of conducting and judging the State Pageant and of selecting the winner of the State Pageant. I acknowledge that the judging may include the following categories: swimsuit, evening gown and personal interview. I agree that the decision of the judges in these matters will be final and I agree to abide by the judges’ decision. I understand and agree that OMALI reserves the right to establish and modify, in its sole judgment and at any time, the procedures and/or standards that you will employ for judging the State Pageant. e) That I will be responsible for payment of any fees and other obligations and/or expenses indicated to me as a condition for participation as a Contestant; f) That I may withdraw from the competition at any time; however, in doing so, I forfeit any and all fees and personal costs incurred to participate and, further, I forfeit any titles and prizes awarded and understand that I may be further liable for expenses incurred by you as a result of my having been a Contestant in the Program; g) That I have been fully apprised of all of the terms and conditions for participation as a Contestant in a preliminary qualifying pageant or at-large selection process prior to submitting this Application and Contract; h) That, as a Contestant in a preliminary qualifying pageant leading to the National Pageant, I will look solely to you with respect to all matters relating to my application, rules, regulations, policies, preparation, rehearsals, performances and selection process, and all other matters relating to the preliminary qualifying pageant, and further agree to follow and comply with all of your rules, instructions, directions and requirements, as they may be changed, modified or amended by you at any time; i) To participate in the series of events and appearances leading up to the final selection of the State Pageant winner. These events shall commence and be scheduled on such dates and at such locations as you shall designate in your sole judgment, and which dates and locations you may change in your sole judgment. If I win the Initial Here ______ FORM MS10915 OMALI Page 2 of 6 State Contestant Contract State Pageant, I further agree to participate as a contestant in the 2015 Miss U.S. Latina Pageant as and to the extent required by OMALI on such dates and at such locations as OMALI may designate in its sole judgment, and which dates and locations OMALI may change in its sole judgment. My participation in the State Pageant shall include all public appearances required of me by you, including, but not limited to, television and radio broadcasts, personal appearances, interviews, still photo sessions and taping or filming of all or any part of the events associated with the State Pageant; j) That I will demonstrate good sportsmanship at all times in the understanding that the starting of malicious rumors or disruptive behavior before, during or after the pageant may result in disqualification and possible legal action. I will not slander or libel other Contestants, judges, the Program, OMALI, you, the sponsors, or anyone else involved with or connected to this Program. I understand that defamatory verbal and/or written remarks can result in immediate disqualification and that any Contestant or person(s) associated with Contestants that partake in slander or libel through media outlets, word of mouth, or any other communication channels is in violation of this Agreement and could face legal action. k) That I will not post comments or any pictures of myself on Facebook, Twitter, Pinterest, Instagram, or any other social networking site, blog or forum that would degrade, denigrate or embarrass this Program, OMALI, Licensee and/or my parents. If asked to remove certain content from any social networking site(s), I will do so immediately without question or risk being disqualified. i) That I will not enter any other pageant or compete for any other titles while I am a Contestant in this Program; 3. I hereby authorize OMALI and anyone duly licensed or authorized by OMALI 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, 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 OMALI, in its sole discretion, shall determine. This authorization shall also include the use of all such photographs, recordings, tapes and/or films made during my Title Term. 4. All photographs, tapes and films made of me for trade, advertising and any other purpose or purposes as a par-ticipant in the competition, and any use of my name, likeness and/or physical depiction when identified with the Program, shall be the sole and exclusive property of OMALI. 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 a title winner, during my Title Term 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. 5. I understand and agree that: a) All prizes awarded at the State Pageant will be distributed subject to the fulfillment by Contestants and winners of the requirements and conditions of the Program and that title winners will receive their prizes at the conclusion of their Title Term, unless otherwise noted. I also understand that you are not responsible for any prizes offered by sponsors that later fail to provide them; b) In the case of improper conduct before or during the Title Term, you shall have the right to dethrone the State Titleholder and claim indemnification for damages, as well as to cancel all prizes awarded and requiring the return of said awards or their equivalent monetary value, and further, that you and/or OMALI reserve the right to determine what constitutes "improper conduct;" c) A Contestant is ineligible to compete in another state pageant anywhere in the United States in the same year she has been selected the winner in another state pageant, i.e., a winner may not hold two titles simultaneously and, further is ineligible to compete in the same State Pageant where she had previously been selected the winner; d) In each pageant year, a contestant may only compete in one state pageant leading into the National Pageant and may only represent her state in the National Pageant one time. However, a state winner who has competed in the National Pageant may be eligible to represent her heritage in the National Pageant after allowing a lapse of one year following her state title term prior to competing again, i.e., a contestant may not compete in back-toback National Pageants. The same rule applies to heritage contestants competing in the National Pageant that afterwards may be eligible to represent their state in the National Pageant. A contestant who has assumed the title and duties of a state titleholder but has never competed in the National Pageant must allow a lapse of one year following her title term prior to competing again in a state pageant where she is eligible; e) Unless specifically waived in writing by OMALI, no contestant in a state competition shall be eligible to compete if she has endorsed or contracted to endorse any product or services competitive to those products or serInitial Here ______ FORM MS10915 OMALI Page 3 of 6 State Contestant Contract vices sold by the national sponsors or national licenses of OMALI within three (3) months prior to the competition and/or is under such contract for endorsement at the time of competition or thereafter; f) Should a state pageant winner resign and/or for whatever reason is required to relinquish her title, she will not be eligible to compete in any other state pageant or state pageant preliminary during that year or the following year, i.e., a two (2) year probation period. The only exception would be due to medical reasons that would cause the state pageant winner to not be physically able to prepare for the National Finals or unable to fulfill her duties as the state pageant winner. A written statement from the attending physician must be made available to Licensee and OMALI to verify the medical reason to relinquish the title. 7. If I am selected winner of the State Pageant, I will comply with the terms and conditions for the State Pageant Titleholder as follows: a) I understand that, prior to the competition, you will be required to enter into contracts and commitments for the appearances and services of the Contestant who will be selected winner at the State Pageant. I agree that such contracts will be binding on me to the same extent as if you had entered into them on my behalf after the commencement of my Title Term. b) I understand that Facebook, Twitter and other social networking accounts will be monitored and during the Title Term I will not be allowed to appear in any pictures with alcoholic beverages or in any manner that would present me or the Program in an unfavorable light. Should my personal Facebook (or such other social network sites) fail to reflect the image required of a State Titleholder in this Program and I fail to correct this immediately after you have brought it to my attention, I understand and agree that I will have to disable the infringing sites immediately upon demand and only use the assigned Facebook page created by you for the duration of my Title Term. c) I understand and agree that during my Title Term I am a representative of the Miss U.S. Latina ™ Program and of my state and heritage and, as such, I will represent and promote this Program, my state, my title and you in a positive light at all times, conducting myself with dignity, grace and good manners whenever I am wearing my crown and/or title sash, and while representing my State Pageant and/or the Program. d) I will not participate in any interview, photo session, press contact or publicity of any kind with reference to the Program or my State Pageant without prior approval from you. e) Should I be unable to meet the State Titleholder obligations at anytime during my Title Term or, if I should become, in your sole judgment, physically unable to perform the duties and obligations relating to the Title Term, I understand and agree that I will forfeit the title and all prizes and awards to you. f) I agree to: (1) Embrace and proudly promote my title until it is passed on to my successor and to make myself available for such personal appearances, interviews, testimonials, endorsements, filming, tapings, photographic and recording sessions and other and various commitments and events related to my Title Term that you have made and will make for me in your sole discretion; (2) Make no personal appearances or appear in any advertising and/or publications without permission from you; (3) Not associate in any way with, promote, judge or become a contestant or participant in any other national or international competition or preliminary competition of a similar nature to that of OMALI during the entire period of my term as State Titleholder; (4) Wear the crown and title sash, symbols of the Program, only upon instruction by you and not wear them again once my term as State Titleholder is concluded. Further, to strictly observe the rules of royal protocol that require proper dress when wearing the title sash and limiting use of the crown to formal occasions only and exclusively with evening wear and the title sash. I understand that the title crown and sash remain the property of the State Pageant Organization until the successful conclusion of my Title Term; (5) Resign to any other title/crown and duties on behalf of my obligations to you, in the understanding that I may not hold concurrent titles; (6) Maintain all of the conditions during my term as State Titleholder as those that were required of me for eligibility to be a contestant in the State Pageant; (7) Work with you to prepare for the 2015 National Pageant in the understanding that you will make all final decisions regarding hair, makeup, wardrobe, paperwork, and all such other matters in anticipation of my national participation in representation of my state and that my non-compliance may lead to the termination of my Title Term; (8) Resign the title and return all awards, including crown and sash, trophy and prizes to be given to the next choice of the judges if, for any reason, I am disqualified or I elect not to participate in the National Pageant. I Initial Here ______ FORM MS10915 OMALI Page 4 of 6 State Contestant Contract understand that I shall be responsible for any and all court costs and attorney’s fees incurred by you in an effort to have the aforementioned property returned to you. 8. I acknowledge and agree that the title “Miss ________________________________ Latina;” the title “Miss U.S. Latina;” and all related names and title designations in the Program are the property of OMALI. I agree never to use, or to authorize anyone else to use, these names and titles, or any similar or related phrase, in association with me or my name or likeness in any way without prior written approval. 9. I authorize the use of my name, likeness, photographs, pictures, physical depiction, endorsement rights, and my title(s) by OMALI and Licensee, and by such persons, firms or corporations as may be approved and selected by OMALI and/or Licensee. I will abide by the provisions of any agreement between OMALI, Licensee, and such persons, firms or corporations regarding my services for advertising and promotional uses. 10. I agree not to seek to enforce any of my rights under this Agreement, or to make any claim arising out of or related in any manner to this Agreement, my relationship with you or my status as a contestant to the State Pageant, against any person or entity other than you. I further agree that I will not be entitled to rescind this Agreement or seek injunctive or any other equitable relief, including, without limitation, to seek to enjoin, restrain or interfere in any way with the production, conduct, presentation or exploitation of the State Pageant or the 2015 Miss U.S. Latina Pageant. 11. This Agreement, together with any attachments, shall solely and exclusively determine my rights, privileges and responsibilities to you. No oral or other written statement that is in any way inconsistent with the provisions of this Agreement shall be binding upon me or upon you. If any provision of this Agreement should be declared void or unenforceable, such provision shall be deemed omitted from this Agreement. In that event, the remainder of this Agreement shall remain in full force and effect. 12. Any controversy or claim arising out of or relating to this Application and Contract or any breach thereof, shall be governed by and construed in accordance with the laws of the State of Florida. 13. I shall at all times indemnify and save harmless OMALI, Licensee, all preliminary pageants within the OMALI system, their officers, agents, employees and sponsors, on account of and from any and all claims, damages, losses, judgments, litigation expenses and legal counsel fees arising out of injuries to myself (including death) or damage to my person or property or to the property of others occurring during, or in travel to and/or from any competition, appearance, performance, event or representation covered by this agreement. I agree to take full responsibility for any losses, damages, claims or debts incurred or made by myself, or any member(s) of my party, in connection with my participation in this Program at all competition levels. These include, but are not limited to, entry fees, travel expenses, the costs of my clothing and out-of-pocket expenses, and all personal property brought to the competition(s) and competition-related events and activities. 14. OMALI is not a party to this Agreement. However, OMALI is a third party beneficiary to this Agreement and will be entitled to enforce the terms of this Agreement. 15. I understand and agree that an electronically reproduced signature or initials is considered valid as the original. I will, however, also mail a duplicate original of my signature agreeing to the terms outlined herein and agree, if necessary, to execute another copy if/when I appear at the competition. By signing this Agreement and submitting it to you for approval, I represent and agree that (1) I have read and understand the provisions of this Agreement; (2) all facts and representations contained in this Agreement and its attachments are true and accurate; (3) I agree to abide by all rules and regulations described in this Agreement, in the period before and during the competition and, if selected the winner, during the Title Term; (4) I understand and agree that falsifying any information in this Agreement and its attachments will result in my immediate disqualification as a Contestant or winner, and the forfeiture of any prizes that I may have been offered or awarded as a Contestant or winner; and (5) you shall have the sole discretion to determine whether, in your judgment, I may continue to participate in the competition or to serve as State Titleholder, in the event you determine that any statement or representation by me is not true and accurate or that any action by me, during the competition or the Title Term, is inconsistent with the rules and regulations of the Program. My signature below and your acceptance and agreement indicated by your signature below will constitute this Agreement a binding agreement and contract between us. Signed by Contestant FORM MS10915 OMALI Date Page 5 of 6 State Contestant Contract Accepted and Agreed to: ___________________________________ Signature of Licensee ___________________________________ Printed Name of Licensee ___________________________________ Date I represent and warrant that I am the parent or legal guardian of the minor whose name appears above, that I have read and I understand the provisions and approve of this Application and Contract, and consent to its execution by my child/ward. I agree that I and my child shall be bound and obligated by the terms set forth in this Agreement. I hereby release the Released Parties as set forth and in accordance with Paragraph 13 above from any claims and/or causes of action I may have against them of any nature whatsoever. I hereby fully and unconditionally guarantee the performance of my child’s/ward’s obligations, if any, and the grant of rights, as set forth above. To the best of my knowledge, information and belief, all of the factual statements made in this Application and Contract by my child/ward are true. ________________________________________________ Signature of Parent or Guardian (for Contestants under the age of 18) ________________________________________________ Printed Name of Parent or Guardian ______________________________ Date FORM MS10915 OMALI Page 6 of 6 State Contestant Contract