I don't understand it. I've looked at the
application for Extreme Makeover Home Edition (my friend insists on nominating us, bless her heart) and I can't understand how thousands of people a week can mail in the application when it requires you to basically sell your life and power of your public integrity away.
Now I understand that what a selected family receives in return is astronomical, but what about the millions who submit their application and still lose the same rights? And it's not rights that's the primary concern. Loss of rights is just the method. It's the loss of power over your public integrity at a long shot deal that upsets me.
And nobody's talking about this? I understand companies need to get something in return, but this is the worst boiler plate contract I've ever seen.
Here are the reasonable and standard expectations of contest-like endeavors:
- Submitted material including documents, photos, and video won't be returned and becomes their property (see who "their" refers to below) which they may use at any time forever whether or not you're selected. Many companies hosting contests have this stipulation, as do magazines for letter or other submissions.
- You agree to submit to medical and other tests and background checks.
- You waive all rights to privacy in whatever publicity you receive no matter how long it endures.
- You agree to forever remain strictly silent about the all information about the program, selection process, and participation in the program. As of now, I haven't applied so I can write this post, but had I, I'd not be able to write this! (Yet they can use any and every thing you submit as well as what you agree they can find thereafter about you--forever! See below.)
- You consent to their use of your name, voice, actions, and likeness.
And then there are the completely unjust and infuriating rights you waive; but first, a definition of "their," meaning who is getting all these rights you waive:
Their = "Releasees": the network, producer, Endemol USA, Inc., and any of their respective licensees, assignees, parents, subsidiaries, or affiliated entities and each of their respective employees, contractors, agents, officers, and directors.
Wow. That's suddenly become a huge number of people and companies you're giving your rights and information to forever--not to just the show.
Here's what you give all these lovely people you've never met and can't control what they do with your information and your character, which you'll soon see, they can defame--legally.
- You agree to the use of information derived from your application and in the selection process including editorial comments made by or about you. This one isn't so bad, but there is no stipulation anywhere that they will only present accurate info on you--actually, it's on the contrary and specifically allows for possible defamation.
- Your audio, video, and other recordings along with your pictures, materials, and documents may be edited, altered, or modified, whether or not you are recognizable, by any one of those Releasees mentioned above, and it can be for anything outside of the show as well. See next point.
- Not only do they own the materials and such you submit, but they own the right to edit, alter, or modify any of them for any use forever--whether connected to the show or elsewhere--in any media now known or subsequently created.
- And here's the kicker--you grant all these right upon application signing and submission, whether or not you are selected for the show. That's right. Just by applying, you waive your rights to all of your information and what's said about you derived from whatever information--and it can be a lot--that they gather.
- You sign away all legal recourse against all those listed as Releasees, but also against all other companies or people connected with or engaged in connection with the program. This includes any of the volunteer contractors or builders and their employees, successors, assignees, and a few other people/entitites so named as "Released Parties" such as advertisers and TV networks who air the show. This means that if any contractor's or builder's employee swipes something from your house or damages something significant, you cannot press charges or take any legal action to seek restribution or restoration. You're stuck with what they've done whether actions, damages, liabilities, losses, costs, or expenses. Now, perhaps the Producer makes these Released Parties sign their own agreement with them whereby they will press changes if the Released Parties break the law or engage in any kind of identity theft while in a person's house, but the applicant does not know it and the Producer does nothing to ensure an applicant's confidence in this--at least so far that I've seen. I'll be checking into this.
- You agree not to make claims for defamation of character that any use of your info--edited, altered, or used as a deriviative--may cause you. Any one of those Releasees may make up something about you that isn't true (think tabloids) and pester you with it for the rest of your life, and you'd have no recourse. Now that probably wouldn't happen because they have better things to do, but the point is, if it happened, you'd be stuck defenseless.
- You agree to waive all rights as found in the California Civil Code, Section 1542, and any state rights you may have. This means you waive all rights which you don't know or suspect exist in your favor at the time you sign the agreement, and which if you'd known, you might not have otherwise signed. Nice, eh?
- You grant them right to investigate, collect, and access information about you, and in doing so, you waive all rights of confidentiality to every piece of information they find on you and every member of your family including your kids. This means that anything they find on you through whatever investigation they do, which is not limited, they can use "in any other manner" any time they want forever. And if you recall from another point above, they can also alter or change that information, too.
Now maybe I'm just an overprotective, alarm-sounding singleton in the minions, but I take character integrity and information protection seriously, especially as identity theft, phishing, and other crimes grow more numerous.
Above all, character integrity is of highest importance, far above money or material things. It's one thing to have someone defame and skew your character--I've dealt with this just from having this blog--but to purposely give up all rights to contest when someone defames your character, that is an entirely different matter. I cannot knowingly relinquish such power, not when I represent Christ and it'd be his name at stake, too. Unless God tells me to; that'd be the only way.
So here's my quandry now: After reading this application again and being faced with the severity of what an applicant's family--not just selected family--gives up to merely apply for a long shot benefit, how can I keep my word (which was a hesitant and difficult yes) to my dear friend who is determined to nominate our family for the show?
I guess I need to pray and see what God says. After all, it's not just my life and character this application will affect, but lives of my husband, my kids, and God's name--for the rest of our time on earth. That's no easy decision.
Bottom line:
- If you don't follow God, really think hard and long before signing and mailing the application because much is at stake.
- If you do follow God, pray long and hard to find out His will; for if He asks you to sign it, to sign is to put all in God's hands and His cover will be there, but to not sign when He says so, or vice versa--signing when He doesn't want it--, is to lose His covering where you stand.
Labels: Building, Construction, Contest, Family, FYI, Lifestyle, National Events, Special Interests
