Legal Documentation Required for participation in THE MASQ digital speech competition

CONTEST PARTICIPATION TERMS AND CONDITIONS

CAREFULLY REVIEW THE TERMS AND CONDITIONS, AND DIGITALLY SIGN AND SUBMIT THIS AGREEMENT.  TO ENTER THE CONTEST, WE MUST RECEIVE FROM EACH PARTICIPANT A FULLY EXECUTED AGREEMENT ALONG WITH THE APPLICABLE ENTRY FEE.

These Contest Participation Terms and Conditions (this “Agreement”) constitute a binding agreement between the participating student (the “Participant”) and the Participant’s parent(s) or legal guardian(s) (whether one or more, “Parent”), and The Perfect Performance, LLC, a Pennsylvania limited liability company, its officers, directors, employees, agents, affiliates, owners, members, managers, successors, and assigns (“Perfect Performance”).  As lawful consideration for being permitted by Perfect Performance to participate in its online contest (the “Contest”), Participant agrees to all the terms and conditions set forth herein.

1. Eligibility.  The Contest is open to legal residents of the United States and the District of Columbia, who are between 14 to 18 years of age, currently enrolled in public or private school, and with the Parent’s consent. Void in Puerto Rico and where prohibited or restricted by law.

RESIDENTS OF COLORADO, ARIZONA, AND NORTH DAKOTA:  Notwithstanding anything to the contrary herein, due to state regulations, Participants who are residents of Colorado, Arizona, and North Dakota are ineligible to win any cash prize or other monetary award in connection with the Contest.  However, Participants from these states may still participate in the events and will be eligible to receive critiques from judges and will have access to workshops, awards, and opening ceremonies.  Participants from these states are eligible to receive ranks and be awarded scores as set forth herein, however, any winner from a state in which this Contest is prohibited shall not receive any cash prize or other monetary award.

2. Contest Entry.  A Participant may enter the Contest by submitting the signed Agreement and Parent Acknowledgement and paying the entry fee of $35 for each category in which the Participant wants to compete. Full payment of the fees for the Contest are due prior to entry.  All fees are non-refundable unless state association rules regarding digital participation prevent a student from competing.  

3. Contest Content.  A variety of scripts, play productions, curriculum, ideas, information, and other material may be presented during the Contest. Participant agrees and acknowledges that the content presented in the Contest does not necessarily reflect the views of Perfect Performance, the school and school districts with which we work, or any other party involved with the Contest.

4. Acknowledgment. Participant and Parent understand and agree that:
(a) Entry into the Contest requires Participant to produce and submit a recording of Participant’s performance (the “Contest Entry”).
(b) Each Contest Entry must be uploaded to the internet via YouTube or other file sharing site(s) as directed by Perfect Performance.
(c) Contest Entries may be broadcast and published to the public.

5. The Contest.  
(a) The Contest entry period for each category is for Feb 3-5, 2023.
(b) Each recorded performance that a Participant wishes to be considered for a Contest category must be uploaded to the internet via YouTube or other other file sharing site(s) as directed by Perfect Performance.
(c) Performances will be judged on the following:
(i) Vocal technique, including diction, clarity, and volume
(ii) Physical expression, including gestures, body language, and emotion
(iii) Stage presence, including confidence and connection to material
(iv) Understanding of text, including interpretation, memorization, emphasis
(v) Overall effectiveness, including performance technique and level of difficulty
(d) There will be three rounds: a preliminary round, elimination rounds as deemed necessary, and a final round. During each round, Judges will assign to each Contest Entry a numerical value of 1 through 7, with 1 being the lowest score and 7 being the highest score.
(e) In each round, the Participant in each category with the lowest overall rank, including the previous round ranks, will advance to the next round.  
(f) Participants competing in the final round will be awarded a trophy, medal or mask. The top three teams will be recognized with a trophy.
(i) All Contest Entries are subject to all of the provisions of this Agreement, including but not limited to the Contest Entry Expectations set forth in Section 6 below and the category rules set forth in Section 8 below. The Perfect Performance reserves the right, in its sole and absolute discretion, to disqualify any Contest Entries that do not comply with this Agreement.

6. Contest Entry Expectations.  
(a) Contest Entries must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous.
(b) Contest Entries must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
(c) Contest Entries must be school-appropriate.
(d) Contest Entries must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.
(e) Participants will abide by all instructions and standards.
(f) Participants will abide by all other rules and policies of Perfect Performance.
(g) Participant will obtain any required licenses to perform the Contest Entry.

7. Disqualification.  Perfect Performance reserves the right to disqualify any Participant or Parent without notice if deemed necessary in the sole determination of Perfect Performance.  

8. Category Rules.
(a) Dramatic Interpretation & Humorous Interpretation
(i) SELECTION -- Selections used in Dramatic or Humorous Interpretation shall be cuttings from a single source from a published printed novel, short story, play, poem or screenplay.  One-character selections, or monologues, may be used. No contestant may use the same literary work that s/he used in previous competitive years. No contestant may enter the same selection in two qualifying events. The material may be humorous or dramatic, or combine both tones depending on the selected work. Contestants may not combine two or more pieces of literature. A piece of literature shall be defined as one piece of writing which was written with the intent to be published as one work. Each of the two performers may play one or more characters so long as performance responsibility in the cutting remains as balanced as possible. If the selection is prose or poetry and contains narration, either or both of the performers may present the narration. Introductory and/or transitional material may be presented by either or both contestants.
(ii) PUBLICATION -- All contestants must use published materials. "Published" as used in these rules means materials commercially printed, published, readily available, and nationally distributed. Only the original printed source or a photocopy of the original printed source shall be considered adequate proof of publication Unpublished material used for introductions and transitions of interpretations shall be the original work of either or both of the contestants. Transitions and other added material must not change the author's intent.
(iii) TIME -- Interpretations shall be no more than ten (10) minutes in performance including introductory and transitional materials. There is no minimum time limit. Exceeding this time limit by more than 30 seconds shall be penalized by a lowering of one rank. For each final round, a tournament official, or designee shall serve as the official timer, and will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This may be extended to the semi-final round at the discretion of the tournament director or designee.
(iv) PERFORMANCE -- The interpretation must be delivered from memory; no notes, prompting or scripts shall be permitted. No costumes or props shall be permitted.
(b) Program Oral Interpretation.
(i) SELECTION — With a spotlight on argumentation through literature, Program Oral Interpretation focuses on a student’s ability to combine multiple genres of literature centered around a single theme. Selections used in Program Oral Interpretation shall be cuttings from a minimum of two genres of literature (prose, poetry, drama) constructed to create a theme or argument. The material may be humorous, dramatic or combine both tones, and be taken from the following:
• Drama which includes plays, screenplays or monologues
• Poetry which includes literature written in verse and free-verse.
• Prose which includes fiction or nonfiction, and may be taken from but not limited to, novels and short stories; journal, magazine or newspaper articles; research from governmental and educational documents; as well as essays, speeches and blogs.
While a contestant may not include cuttings from a literary work used in previous competitive years, the contestant may use different cuttings from the same literary work. No contestant may enter the same selection in two qualifying events.
(ii) PUBLICATION — All contestants must use published materials. “Published” as defined by these rules mean materials for which the coach is able to provide proof of publication using either of the following methods: — Originating in print form (book, photocopy of the book, or a manuscript) — Originating in digital form (a printed copy of an online transcript) Unpublished material used for introductions and transitions shall be the original work of the contestant. Transitions and other added material must not change the author’s intent.
(iii) TIME — Interpretations shall be no more than ten (10) minutes in performance including introductory and transitional materials. There is no minimum time limit. Speakers exceeding this time limit by more than 30 seconds shall not be ranked first. For each final round, a tournament official, or designee shall serve as the official timer, and will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This may be extended to the semi-final round at the discretion of the tournament director or designee.
(iv) PERFORMANCE —The interpretation must be delivered via manuscript. The student is allowed to use the manuscript as a prop to enhance blocking as long as the manuscript is in the student’s physical possession throughout the performance. No costumes or props other than the manuscript shall be permitted. The introduction shall be memorized. All titles and authors used in the performance must be cited in the introduction. Transition material may be memorized.
(c) Informative Speaking
(i) TOPIC — An informative speech is an original memorized speech designed to explain, define, describe, or illustrate an object, idea, concept or process. The general purpose of the speech is for the audience to gain understanding and/or knowledge of a topic that the student believes important for the audience. Informative speaking avoids predominantly persuasive subjects and techniques. All speeches must have been prepared during the current competitive year.
(ii) TIME — Speeches shall be no longer than ten minutes; there is no minimum time. Speakers exceeding this time limit by more than 30 seconds shall not be ranked first. Judges should use discretion if the speaker is forced to exceed this time limit due to audience reaction. Expedient set up and take-down (less than two minutes each) is expected.
(iii) QUOTATIONS— No more than 150 words of the speech may be direct quotations from another speech or writing. Extensive paraphrasing from other sources is prohibited.
(iv) VISUAL AIDS- The use of visual aids is optional. It is important to note that a visual aid is an integral part of the speech content and not an unnecessary gimmick. Visual aids may be two-dimensional and/or three-dimensional, but may not violate local, state or federal laws and/or school policies. The use of animals or any additional people as visual aids is not allowed during the speech. The host school is not responsible for providing any facilities, equipment, or assistance in a contestant’s use of visual aids. Electronic equipment such as projectors, cell phones, radios, iPads, computers are allowed, but all equipment and any risks associated with using these devices is the speaker’s responsibility. Contestants may not distribute items to the judges or audience before, during, or after the round.
(v) VIOLATION – A violation of any of the rules stated above may result in disqualification.
(d) Oratory
(i) TOPIC -- All speeches entered must be the original work of the contestant. Any appropriate subject may be used, but the orator must be truthful. Any non-factual reference, including a personal one, must be so identified. All speeches must have been prepared during the current competitive year. Speeches that have been used in tournaments or service club contests in previous years shall be disqualified; this rule applies to a new speech by a speaker based on the same subject used in a previous year or to any subject used for any original speech by the same contestant during the same or previous years.
(ii) TIME -- Speeches shall be no longer than ten minutes; there is no minimum time. Exceeding this time limit by more than 30 seconds shall be penalized by a lowering of one rank. Judges should use discretion if the speaker is forced to exceed this time limit due to audience reaction.
(iii) QUOTATIONS -- No more than 150 words of the speech may be direct quotations from another speech or writing. Extensive paraphrasing from other sources is prohibited.
(iv) AIDS -- No notes, visual or audio aids, or manuscripts shall be permitted in the contest rounds. Speeches must be delivered from memory.
(e) Prose.
(i) SELECTION -- No contestant may use exactly the same literary work(s) that s/he used in previous competitive years. No contestant may enter the same selection in two qualifying events. Prose expresses thought through language recorded in sentences and paragraphs: fiction (short stories, novels) and non-fiction (articles, essays, journals, biographies). No plays or other dramatic materials, such as a movie script, may be used.
(ii) PUBLICATION -- All contestants must use published materials. "Published" as used in these rules means materials commercially printed, published, readily available, and nationally distributed. Only the original printed source or a photocopy of the original printed source shall be considered adequate proof of publication. Unpublished material used for introductions and transitions of interpretations shall be the original work of either or both of the contestants. Transitions and other added material must not change the author's intent.
(iii) TIME: Interpretations shall be no more than ten (10) minutes in performance including introductory and transitional materials. There is no minimum time limit. Exceeding this time limit by more than 30 seconds shall be penalized by a lowering of one rank. For each final round, a tournament official, or designee shall serve as the official timer, and will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This may be extended to the semi-final round at the discretion of the tournament director or designee
(iv) PERFORMANCE -- The selections must be interpreted from a manuscript in the hand or hands of the contestant. The contestant may interpret the selection by referencing the manuscript or may give the selection solely by memory without reference to the manuscript, but in either event must hold the manuscript in his/her own hand or hands at all times. No costumes or props, with the exception of the intact manuscript, shall be permitted in prose interpretation.
(f) Poetry.
(i) SELECTION -- No contestant may use exactly the same themes and/or literary work(s) that s/he used in previous competitive years. No contestant may enter the same selection in two qualifying events. Poetry is writing which expresses ideas, experience, or emotion through the creative arrangement of words according to their sound, their rhythm, their meaning. Poetry may rely on verse and stanza form. Plays or fiction written in verse would be acceptable material in this event. A student may use one long poem or a combination of two or more poems unified by author or theme.
(ii) PUBLICATION -- All contestants must use published materials. "Published" as used in these rules means materials commercially printed, published, readily available, and nationally distributed. Only the original printed source or a photocopy of the original printed source shall be considered adequate proof of publication. Unpublished material used for introductions and transitions of interpretations shall be the original work of the contestant.
(iii) TIME: Interpretations shall be no more than ten (10) minutes in performance including introductory and transitional materials. There is no minimum time limit. Exceeding this time limit by more than 30 seconds shall be penalized by a lowering of one rank. For each final round, a tournament official, or designee shall serve as the official timer, and will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This may be extended to the semi-final round at the discretion of the tournament director or designee
(iv) PERFORMANCE -- The selections must be interpreted from a manuscript in the hand or hands of the contestant. The contestant may interpret the selection by referencing the manuscript or may give the selection solely by memory without reference to the manuscript, but in either event must hold the manuscript in his/her own hand or hands at all times. No costumes or props, with the exception of the intact manuscript, shall be permitted in poetry interpretation.
(g) Duo Interpretation
i. printed novel, short story, play, poem or screenplay. No contestant may use the same literary work that s/he used in previous competitive years. No contestant may enter the same selection in two qualifying events. The material may be humorous or dramatic, or combine both tones depending on the selected work. Contestants may not combine two or more pieces of literature. A piece of literature shall be defined as one piece of writing which was written with the intent to be published as one work. Each of the two performers may play one or more characters so long as performance responsibility in the cutting remains as balanced as possible. Introductory and/or transitional material may be presented by either or both contestants.
ii. PUBLICATION — All contestants must use published materials. “Published” as used in these rules means materials for which the coach is able to provide proof of publication using either of the following methods: — Originating in print form (book, photocopy of the book, or a manuscript) — Originating in digital form (a printed copy of an online transcript) Unpublished material used for introductions and transitions of interpretations shall be the original work of either or both of the contestants. Transitions and other added material must not change the author’s intent.
iii. TIME — Interpretations shall be no more than ten (10) minutes in performance including introductory and transitional materials. There is no minimum time limit. Speakers exceeding this time limit by more than 30 seconds shall not be ranked first. For each final round, a tournament official, or designee shall serve as the official timer, and will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This may be extended to the semi-final round at the discretion of the tournament director or designee.
iv. PERFORMANCE — The interpretation must be delivered from memory; no notes, prompting or scripts shall be permitted. No costumes or props shall be permitted. During the performance, off-stage focus (meaning contestants may not look directly at each other) must be employed by both contestants; during presentation of narration, or transitional material, eye contact should be made with the audience. The contestants may react to each other’s verbal and/or non-verbal expressions, but are discouraged from touching one another. Contestants may touch and make eye contact during introductory material.
v. VIOLATION – A violation of any of the rules stated above may result in disqualification
H-DUET ACTING
i. SELECTION — Selections used in Duet Acting shall be cuttings from a single source from a published printed novel, short story, play, poem or screenplay. No contestant may use the same literary work that s/he used in previous competitive years. No contestant may enter the same selection in two qualifying events. The material may be humorous or dramatic, or combine both tones depending on the selected work. Contestants may not combine two or more pieces of literature. A piece of literature shall be defined as one piece of writing which was written with the intent to be published as one work. Each of the two performers may play one or more characters so long as performance responsibility in the cutting remains as balanced as possible. Introductory and/or transitional material may be presented by either or both contestants.
ii. PUBLICATION — All contestants must use published materials. “Published” as used in these rules means materials for which the coach is able to provide proof of publication using either of the following methods: — Originating in print form (book, photocopy of the book, or a manuscript) — Originating in digital form (a printed copy of an online transcript) Unpublished material used for introductions and transitions of interpretations shall be the original work of either or both of the contestants. Transitions and other added material must not change the author’s intent.
iii. TIME — Interpretations shall be no more than ten (10) minutes in performance including introductory and transitional materials. There is no minimum time limit. Speakers exceeding this time limit by more than 30 seconds shall not be ranked first. For each final round, a tournament official, or designee shall serve as the official timer, and will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This may be extended to the semi-final round at the discretion of the tournament director or designee.
iv. PERFORMANCE — The interpretation must be delivered from memory; no notes, prompting or scripts shall be permitted. No costumes or props shall be permitted. During the performance, on-stage focus (meaning contestants MAY look directly at each other) may and/or should be employed by both contestants. Contestants are encouraged to touch and make eye contact during any part of the performance. Two chairs will be allowed for use as props or to facilitate blocking and to create levels, atmosphere and environment.
v. VIOLATION – A violation of any of the rules stated above may result in disqualification
I-Extemporaneous Speaking
 i. TOPIC – Topics for each round will alternate between international and domestic topic areas.
ii. PREPARATION TIME – Speech preparation time will be 30 minutes with draw times at 7-minute intervals to accommodate 7-minute speeches. Open internet access may be utilized during prep time. Communicating with, emailing or texting persons inside or outside of draw is not allowed while in the draw room or prior to speaking.
iii. QUOTATIONS – Speeches should include quoted material from multiple verifiable sources. Fabrication of sources and/or evidence is not allowed.
iv. AIDS – No notes, visual or audio aids shall be permitted while speaking in the contest rounds.
v. SPEAKING TIME – Speeches shall be no more than 7 minutes in length. There is no minimum time limit. Speakers exceeding this time limit by more than 30 seconds may not be ranked first in the round. For each final round, a tournament official or designee shall serve as the official timer, and this person will have the discretion of waiving time violations for contestants exceeding the time limit due to audience reactions. This authority may be extended to the semi-final round at the discretion of the tournament director or designee.
vi. VIOLATION – A violation of any of the rules stated above may result in disqualification.


9. Waiver and Release.
(a) To the fullest extent permitted by applicable law, Participant and Parent hereby expressly waive and release any and all liabilities, claims, demands, actions, suits, damages, and expenses, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), against Perfect Performance, and its officers, directors, employees, agents, affiliates, owners, members, managers, successors, and assigns, arising out of or attributable to Participant or Parent’s participation in the Contest, whether arising out of the negligence of Perfect Performance or otherwise. Participant and Parent covenant not to make or bring any Claim against Perfect Performance, and forever release and discharge Perfect Performance from liability under such Claims.
(b) Participant and Parent shall defend, indemnify, and hold harmless Perfect Performance against any and all losses, damages, liabilities, deficiencies, Claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from this Agreement or any Claim of a third party related to the Activities.

10. Appearance Release and License.  
(a) Participant and Parent hereby irrevocably grant and license to Perfect Performance the rights to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use, and permit others to use, the Contest Entry, including Participant and Parent’s name, image, likeness, appearance, and voice as they appear in the Contest Entry, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, without further consent from or any royalty, payment, or other compensation to Participant or Parent.
(b) Participant and Parent hereby irrevocably permit, authorize, and license Perfect Performance to identify Participant and/or Parent by name and use Participant and/or Parent’s name, likeness, appearance, voice, and all materials created by or on behalf of Perfect Performance that incorporate any of the foregoing (“Materials”), in connection with the Work and advertising and promotion of the Work and advertising, publicity, and promotion of Perfect Performance and its services, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to, internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, without further consent from or any royalty, payment, or other compensation to Participant or Parent.  
(c) Perfect Performance has no obligation to use the Contest Entry or any Materials, or create, produce, advertise, or promote the Materials, or include the Contest Entry in the work, or to exercise any rights given pursuant to this Section 10.  Participant and Parent acknowledge and agree that Participant and Parent have no right to review or approve the Contest Entry after submission, or the Materials, or any derivative work before they are used by Perfect Performance or at any other time, and that Perfect Performance has no liability to Participant or Parent for any editing or alteration of the Contest Entry, derivative work, or the Materials, or for any distortion or other effects resulting from Perfect Performance’s editing, alteration, or use of the Contest Entry, or the Materials, or Perfect Performance’s presentation. Any acknowledgment or credit of Participant or Parent in connection with the Contest Entry or the Materials, if any, shall be determined by Perfect Performance in Perfect Performance’s sole discretion.
(d) Participant and Parent understand and agree that the releases included in Section 10(b) above include, to the fullest extent permitted by applicable law, irrevocable waivers of all legal and equitable rights relating to all Claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world, arising directly or indirectly from Perfect Performance’ exercise of their rights under this Agreement or the production, exhibition, advertising, promotion, exploitation, or other use of the Contest Entry, and/or the Materials, and whether resulting in whole or in part by the negligence of Perfect Performance or any other person.  Participant and Parent covenant not to make or bring any such Claim against Perfect Performance, and forever releases and discharges Perfect Performance from liability under such Claims. Participant and Parent understand that Perfect Performance is relying on this Agreement and will incur significant expense in reliance on this Agreement, and Participant and Parent agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part. Participant and Parent waive any right to injunctive and other equitable relief in the event of a dispute with Perfect Performance. Participant and Parent will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Contest Entry or the Materials.

11. Internet Limitation on Liability.  The Perfect Performance and all other entities involved in the creation, administration, or fulfillment of the Contest, and all of their respective successors, assigns, directors, officers, employees, agents and independent contractors (individually and collectively, “Releasees”) are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled or misdirected Contest Entries or transmissions; phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person’s computer or wireless device related to participating in the Contest. Additionally, Releasees are not responsible for illegible, unintelligible, late, lost or stolen Contest Entries; incorrect or inaccurate Contest Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest; or for any technical or human errors which may occur in the processing of any Contest Entries in the Contest. Perfect Performance reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Contest; to be acting in violation of this Agreement; or to be acting with the intent to disrupt the normal operation of the Contest. If, in the judgment of Perfect Performance, the Contest is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt or inhibit, or may corrupt or inhibit the administration, security, fairness or intended proper play of the Contest, so that it cannot be conducted as originally planned or intended, Perfect Performance has the right, in its sole discretion, to modify the rules or to cancel, modify, terminate or suspend the Contest (except where prohibited by law); and in such event, to select the winners by such method as Perfect Performance in its sole discretion shall consider equitable.

12. Representations and Warranties. Participant and Parent represent and warrant to Perfect Performance that Participant and Parent have full right, power, and authority to enter into this Agreement and grant the rights hereunder.

13. Governing Law and Attorney Fees.  The parties agree that any legal action or proceeding arising out of this Agreement or any agreement or transaction contemplated herein or therein shall be brought in the state or federal courts in Bradford County, Pennsylvania, and each party hereby consents to personal jurisdiction and venue of any such Court and waives any claim of inconvenient forum, lack of venue and lack of jurisdiction in any such Court.  Any party to this Agreement bringing suit against the other in respect to any matters stated herein may, if successful in such suit, recover from the non-prevailing party its costs of court and reasonable attorney fees and associated legal expenses in such suit.  The provisions of this paragraph shall survive the termination of this Agreement.

14. Execution. This agreement may be executed electronically via e-signature in multiple counterparts, each of which, when taken together, will constitute one instrument.

15. Miscellaneous. Except as specifically set forth herein, this Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.  If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.  This Agreement constitutes the sole and entire agreement between the parties hereto with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.  Perfect Performance shall have the right to recover its attorneys’ fees and court costs in the event of any action, suit, or other legal or administrative proceeding relating to or arising out of this Agreement. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

16. Acknowledgment. THIS AGREEMENT PROVIDES PERFECT PERFORMANCE WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING PERFECT PERFORMANCE TO PUBLICIZE AND COMMERCIALLY EXPLOIT PARTICIPANT AND/OR PARENT’S NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT HEREIN. BY SIGNING THE EXECUTION PAGE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PERFECT PERFORMANCE.

* Required LEGAL ACKNOWLEDGEMENTS *

I represent and warrant that (a) I am the parent or legal guardian of the minor named above, (b) no court has issued any order, judgment, or decree granting custody of the minor to anyone else or otherwise affecting my rights as parent or legal guardian, (c) the minor has not been emancipated, (d) I have the legal right, power, and authority to consent to this Agreement on behalf of the minor and myself, and (e) I am at least 18 years of age. I understand that the contest requires the use of technology and the Internet, namely video performances and requires the minor to upload such performances to YouTube or other file sharing sites as directed by The Perfect Performance, LLC.

I HAVE READ, AND I UNDERSTAND, THIS ENTIRE AGREEMENT.

By signing below, I hereby consent to and approve in all respects the terms and conditions of this Agreement and the minor’s execution of this Agreement, and agree that both the minor Participant and I shall be bound by all of its terms and conditions. I understand that this consent and approval is not revocable. I agree to defend, indemnify, and hold harmless The Perfect Performance, LLC from and against all Claims (as defined herein) by third parties resulting from my or the minor Participant’s breach or alleged breach of this Agreement or any of the representations and warranties contained herein.