Official Licensing Agreement Miss Nevada Scholarship ... · that Local Pageant has compiled with...

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1 Official Licensing Agreement Miss Nevada Scholarship Organization Dated: October 1, 2016 – October 1, 2017 AGREEMENT by and between the MISS NEVADA SCHOLARSHIP ORGANIZATION, a Nevada Limited Liability Company having its principal office at 200 W. Sahara Ave PH 4001 Las Vegas, NV 89102 (hereinafter sometimes referred to as “MNSO”) and ________________________ (Name of Franchise Holder) a ____________________ (Nature of organization, i.e. corporation, unincorporated association, etc.) with principal offices at: ___________________________________ (Address) (hereinafter referred to as “Local Pageant”) as follows:______________________________________________ 1. MNSO hereby grants Local Pageant to sole and exclusive right to conduct a Pageant within the designated Franchise Area (as defined in exhibit C) for the Miss ____________________ title for the selection of a candidate to compete in the State finals of the Miss America Pageant (hereafter sometimes referred to as “MAO”) on such dates to be announced by MNSO (hereinafter referred to as “State Finals”) 2. It is mutually understood and agreed that MAO/MNSO own all rights, title, interest and proprietorship in and to the names, designations and marks “Miss Nevada”, “Miss Nevada Scholarship Organization”, “Miss America Pageant”, “Miss America Organization”, the Miss America symbol, scepter and crown and all other names, designations and marks associated with the MAO/MNSO. In the event Local Pageant forms or becomes otherwise associated with a corporation or other approved entity at any time during the franchise period, and uses Miss in any part of its name or forms or otherwise associates with such other corporation or approved entity for the purpose of delegating one or more of its responsibilities hereunder (hereinafter referred to as “Associated Entity”), such corporation or Associated Entity shall include within its character, petition or articles of incorporation, the paragraphs contained in “Rider A” attached hereto. In the event Local Pageant and/or Associated Entity uses any combination of the names and marks referred to hereinafter as part of its name, in the event Local Pageant is not a separate corporation, it is agreed as a condition precedent to the license granted herein that should MNSO request, Local Pageant and/or Associated Entity will delete such names or marks from its name within sixty days after receipt of written demand from MNSO to such effect whether said demand is received during or after the term hereof. If the name is not deleted after request then, in that event, the Executive Director of the Miss Nevada Scholarship Organization is hereby authorized and empowered by Local Pageant and/or Associated Entity to proceed to have the name and marks deleted by appropriate procedures necessary to effect the deletion of the name and marks or to proceed in equity or law to compel the deletion of same. Unless specifically waived in writing

Transcript of Official Licensing Agreement Miss Nevada Scholarship ... · that Local Pageant has compiled with...

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Official Licensing Agreement

Miss Nevada Scholarship Organization

Dated: October 1, 2016 – October 1, 2017 AGREEMENT by and between the MISS NEVADA SCHOLARSHIP ORGANIZATION, a Nevada Limited Liability Company having its principal office at 200 W. Sahara Ave PH 4001 Las Vegas, NV 89102 (hereinafter sometimes referred to as “MNSO”) and ________________________ (Name of Franchise Holder) a ____________________ (Nature of organization, i.e. corporation, unincorporated association, etc.) with principal offices at: ___________________________________ (Address) (hereinafter referred to as “Local Pageant”) as follows:______________________________________________

1. MNSO hereby grants Local Pageant to sole and exclusive right to conduct a Pageant within the designated Franchise Area (as defined in exhibit C) for the Miss ____________________ title for the selection of a candidate to compete in the State finals of the Miss America Pageant (hereafter sometimes referred to as “MAO”) on such dates to be announced by MNSO (hereinafter referred to as “State Finals”)

2. It is mutually understood and agreed that MAO/MNSO own all rights, title, interest and proprietorship in and to the names, designations and marks “Miss Nevada”, “Miss Nevada Scholarship Organization”, “Miss America Pageant”, “Miss America Organization”, the Miss America symbol, scepter and crown and all other names, designations and marks associated with the MAO/MNSO. In the event Local Pageant forms or becomes otherwise associated with a corporation or other approved entity at any time during the franchise period, and uses Miss

in any part of its name or forms or otherwise associates with such other corporation or approved entity for the purpose of delegating one or more of its responsibilities hereunder (hereinafter referred to as “Associated Entity”), such corporation or Associated Entity shall include within its character, petition or articles of incorporation, the paragraphs contained in “Rider A” attached hereto. In the event Local Pageant and/or Associated Entity uses any combination of the names and marks referred to hereinafter as part of its name, in the event Local Pageant is not a separate corporation, it is agreed as a condition precedent to the license granted herein that should MNSO request, Local Pageant and/or Associated Entity will delete such names or marks from its name within sixty days after receipt of written demand from MNSO to such effect whether said demand is received during or after the term hereof. If the name is not deleted after request then, in that event, the Executive Director of the Miss Nevada Scholarship Organization is hereby authorized and empowered by Local Pageant and/or Associated Entity to proceed to have the name and marks deleted by appropriate procedures necessary to effect the deletion of the name and marks or to proceed in equity or law to compel the deletion of same. Unless specifically waived in writing

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by MNSO, once any request by MNSO is made in accordance with this paragraph, Local Pageant and/or Associated Entity shall immediately cease and desist holding itself out as “Miss

” Pageant and shall cease and desist use of all stationary, business cards, banners, signs, sashes and other materials which contain the names and/or mark “Miss

”.

3. MNSO agrees: a. That it will conduct the State Finals within the State of Nevada in June of each year.

b. That it will accept the winner of the Local Pageant Finals conducted by Local Pageant

(hereinafter referred to as the “State Finalist”) as a contestant in the State Finals provided that Local Pageant has compiled with the terms hereof and with such other rules and regulations as may be promulgated from time to time by MNSO.

4. Local Pageant agrees:

a. FAILURE TO EXECUTE AND RETURN THIS AGREEMENT LATER THAN 10/12/2015 may be considered a violation of this provision and grounds for revocation of the Franchise.

b. To sponsor, promote, finance and conduct a fair and unbiased Local Pageant Competition and to select a candidate to compete in the State Finals of the Miss America Pageant in accordance with terms and conditions set forth herein and the rules and regulations promulgated from time to time by the MAO and the MNSO.

c. To select responsible Sponsors, associates and committee members of good reputation to sponsor, promote, finance and conduct said Local Pageant and to use their best efforts to insure that all local committee members comply with all of the rules and regulations of the MAO/MNSO as determined from time to time.

d. To certify in writing that all contestants have been selected in accordance with all of the rules and regulations of the MAO/MNSO and further that all contestants have competed and been selected within the appropriate period immediately preceding the date of competition of the State Finals.

e. To conduct Local Finals at a location open to the public on or before April 1, 2017.

f. That Local Pageant shall not, acting directly or indirectly, or by representation by third persons, conduct or participate in the conduct of any other national or international competition similar to the MAO/MNSO Pageants unless an exception has been granted by MAO/MNSO in writing.

g. That neither Local Pageant nor any of it sponsors, associates or committee members will assume obligations or make commitments for or on behalf of MAO/MNSO, it being understood that State and Local Pageants have no right to bind or obligate MAO/MNSO unless authorized by MAO/MNSO in writing to do so.

h. That Local Pageant shall provide a minimum $1,000 scholarship to their titleholder, unless otherwise approved by MNSO, and shall award such scholarships in accordance with MAO/MNSO published rules and regulations. It is understood that the Local Executive Director is solely responsible for the payment of their scholarship dollars to the contestants and titleholders in their program. MNSO bears no responsibility for the payment of

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scholarship dollars to the contestants and titleholders of the Miss __________________________________ (list the name of your program).

i. To provide for the clear and unambiguous mention of the scholarship awards which the contestants in the National, State and Local Finals are eligible to receive in all promotional material distributed in connection with the conduct of the Local Pageant.

j. That Local Pageant shall provide as an award the official Local Crown and Sash purchased only from the official awards supplier of the Miss America Organization.

k. To utilize only the official MAO ballot and tabulation forms in connection with the judging process submitting them to MNSO within 7 days of local finals.

l. To submit to MNSO the required contestant and local program reports by the deadlines indicated on the reports. (I.E. local judges report, local scholarship report, contestant data sheet etc.)

m. Provide list of judges to be used for your local pageant 30 days prior to your local pageant. Winner certificates are due 24 hours after crowning.

n. To provide to MNSO and maintain a working e-mail address that can retrieve and print in Microsoft Word format or Adobe format, and check such email at least daily. Responding to communication and requests within the time frame indicated (email addresses are free, and public computers are available in all communities).

o. That if, for any reason, the winner of the Local Finals is disqualified or released from appearing in the State Finals, the first runner-up selected by the judges shall succeed to the Local title and will be sent to the State Finals by Local Pageant. In such event, MNSO agrees to accept such runner-up as the new state Finalist if certified in accordance with subparagraph (D) above. Similarly if the State Finalist selected by Local Pageant becomes Miss Nevada at the State Finals, Local Pageant will designate its first runner-up (or, if the first runner-up cannot or does not serve, the succeeding runner-up) as the new Local representative, Local Pageant, in connection herewith and regardless of whether the winner of the Local Finals is disqualified, released or becomes Miss Nevada, does hereby agree to make a decision which shall be announced in advance of the holding of the Local Pageant as to whether or not runners-up in such instance will succeed to the scholarships and awards of the winner of the Local Finals.

p. To insure that all judges serving the State Finals and Local Pageants will be selected in accordance with MAO policy and instructed to follow the method of judging, as may be revised from time to time by MAO.

q. To insure that every contestant who participates in Local Pageant competes on the same fair and equitable basis.

r. To agree that, in the event that a Local Pageant, which has been granted a franchise area, fails to conduct a Local Pageant within the specified time period, such franchised area may then be assigned by State Pageant to another sponsoring organization.

s. That neither the Local Pageant nor any of its representatives shall conduct a second Local Pageant or any competition which directly or indirectly results in the sending of a

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contestant to participate in the State Finals without the written consent of MNSO.

t. To procure insurance by means of participation in the approved MAO insurance plan, in such limits as MAO/MNSO shall determine from time to time. At the time of signing, the official insurance is acknowledged to be Regions Insurance, INC.

u. To submit to MNSO with this agreement, a list of the name and address of the Local pageant Executive Director(s), the names of the Officers of the Associated Entity.

v. To insure that no Miss contestant at the Local level is charged an entry fee or is made to believe intentionally or unintentionally that her eligibility to compete is in any way dependent upon an entry free. Teen contestants may be charged an entry fee.

w. To conduct Local Pageant as a not-for-profit entity so that no person or entity associated or affiliated with the Local pageant and/or Associated Entity shall make a profit due to such association or affiliation, except that Local Pageant and/or Associated Entity may reimburse its pageants, officer, directors and employees for the actual and reasonable cost of goods and services used in connection with Local Pageant and/or Associated Entity and may pay reasonable and necessary salaries for services rendered.

x. To abide by MAO/MNSO policies as set forth from time to time by MAO/ MNSO prohibiting all forms of sexual harassment or discrimination toward all participants in the Miss America system specifically including contestants.

y. That it will provide the Local Finalist with round-trip transportation to and from the site of the State Finals.

z. Each contestant participating in their program is expected to contribute a minimum of $100 donation to the Children’s Miracle Network Hospital, this donation needs to be met 2 weeks prior to the Local/State pageants and the contestant shall participate with the Children's Miracle Network in accordance with MAO published rules and regulations.

aa. Each State Finalist participating in the Miss Nevada State Pageant Finals is expected to contribute a minimum of a $250 donation to the Children’s Miracle Network Hospital two weeks prior to the State Pageant and shall participate with the Children’s Miracle Network Hospital in accordance with MAO published rules and regulations.

bb. Local Pageant agrees to abide by attached Social Media Policies (RIDER "A") and to enforce the same policies with each Local Contestant, contractor, or volunteer with the Local Franchise.

5. With respect to the selection and qualifications of contestant within the Franchised Area, Local Pageant further understands and agrees as follows:

a. A contestant may not compete in a State Final unless she has been certified the winner in actual competition in a Local Pageant.

b. A contestant may compete in any State of the United States if she is a bona fide resident of that State and has been a bona fide resident of the State for a period of six months immediately preceding the date of the first preliminary competition of the Local Pageant and has MAINTAINED such residency through the State Finals. In order to establish eligibility to compete in the State under this residency criteria, a contestant must supply

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proof of residency consisting of copies (3) or more of the following: i. Current drivers license issued in the State of competition or current automobile

registration issued in the State of competition; or ii. Current voters registration card or written statement from the applicable

State/Local voting registrar of valid current registration in the State of competition; or

iii. Current lease in the contestant’s name for housing in the State of competition; or iv. Current utility bills in the contestant’s name in the state of competition; or v. Information sufficient to the State/Local Pageant that the contestant is living in the

State of competition with her parents or legal guardian but attends a college or university out of State: or

vi. Most recent federal income tax return showing the State of competition as the state of residence (Financial information may be deleted). The State of competition has the right to reject information if it feels that the above documentation has not been gathered or provided in good faith.

c. A contestant may compete in any State even though not a resident therein where she is and has been a bona fide full-time employee (employed by employer over forty hours per week as verified employer) for a period of six months immediately preceding the date of the first preliminary competition of the Local pageant and has MAINTAINED such employment through the State Finals; or

d. A contestant may compete in any State, as a student within the State, if she has successfully completed one semester as a full time student (minimum 12 credit hours) at a college or university located within the State of competition and is presently a bona fide registered full time student attending classes at a college or university located within the same State of Competition. Further, that no more than six months may have elapsed between the competition of the first semester and the beginning of the second semester as described within this paragraph.

e. One or more of the requirements set forth in paragraphs (B), (C), and (D) above, must be in existence at the time of The Local Pageant and the State Pageant and, if selected, must remain in effect through conclusion of the State or National Finals, as applicable.

f. It is understood by and between the parties hereto that the State Pageant will adopt whatever rules and regulations it deems desirable for its State with respect to the location in each State where each contestant may compete in a Local Pageant.

g. A contestant is ineligible to compete in another Local Pageant anywhere in the United States in the same year she has been selected the winner in another Local pageant (i.e., a contestant may not hold two titles simultaneously except in some special circumstances that require agreement by both relevant local programs). A contestant is ineligible to compete in the same Local Pageant for the same title where she had previously been selected the winner (i.e. a contestant may not hold the same title again).

h. A contestant shall not have been a previous State Finalist who competed in the National Finals. In each Pageant year, a contestant may only compete in one State Final leading into the National Finals of the Miss America Pageant. However, a contestant who has assumed the title and duties of a State Finalist but has never competed in the National Finals must allow a lapse of one year, following her year of service, prior to competing again in a Local pageant where she is eligible.

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i. A contestant must be eligible to make the representations under oath which are set forth in the “Contestants Contract with the Miss America Organization” attached hereto.

j. A contestant must be a high school graduate or successfully completed the G.E.D. testing program for high school equivalency or have successfully completed the academic requirements for entry into a four- year college/university degree program by the July 30th immediately preceding the National Finals in the year in which she will compete.

k. A Miss contestant shall not be less than seventeen years of age on the date of the Local Pageant in which she competes nor more than twenty- four years of age on December 31st in the year of the National Finals in which she will compete.

l. A Teen contestant shall not be less than thirteen years of age at the time of the State Pageant nor greater than seventeen years at the time of the State Pageant and be a senior in high school (please reference MAOTeen Age Eligibility Chart)

m. A contestant shall possess talent, poise, personality, intelligence, charm and beauty of face and figure.

n. A contestant must be a citizen of the United States at any time before the commencement of the Local Pageant and must remain such throughout her participation within the program.

o. A contestant must possess and display talent in accordance with the rules set forth in the Official Guide for Contestants Participating in a Preliminary Pageant.

p. Unless specifically waived in writing by the Miss America Organization, no contestant in either a Local Pageant or a State Pageant shall be eligible to compete if she has endorsed or contracted to endorse any product or services competitive to those products or services sold by the national sponsors or national licenses of the Miss America Organization within ONE month prior to the competition and/or is under such contract for endorsement at the time of competition or thereafter.

q. Local Pageant agrees that it will require all contestants in its Local Pageant to sign a Contestant Contract prior to competition in the Local Pageant.

r. Local Pageant acknowledges that it is MAO’s policy that all State and Local Pageant title holders will not, during the entire period of their year of service, associate, in any way, or participate in any way, in the promotion or conduct, or become a contestant or participant, either directly or indirectly, including judging, of any other national or international competition of a nature similar to the Miss America Organization competition.

s. Local pageant agrees to expect all contestants in its Local Pageant to raise a minimum of $100 each for Children’s Miracle Network prior to the pageant.

6. Local Pageant agrees as follows with respect to the State Finalist:

a. To cause her to enter into standard Contestant’s Contract with MNSO, which contains a fully completed fact sheet and scholarship rules.

b. To be responsible for and submit to MNSO photographs in such amount, size and depiction as MNSO shall require including assignments of certain photographer’s right to

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the photographs.

c. Work with State Finalist to secure $1,200 in ad sales for the State program book.

d. To be responsible for securing the State Finalist with round trip transportation to and from the State Pageant Week ensuring her arrival no later than the time and date determined by MNSO (all segments are mandatory).

e. To require her to furnish MNSO, by deadline or before as specified, the following information:

i. Type of talent; author or composer of talent material; copyright proprietor and/or agent for talent material (i.e., party possessing performing and/or dramatic rights for television and stage performances), and

ii. Written permission of the author, proprietor, agent or copyright holder for the planned use of the said material in connection with contestant’s talent performance at the State and National Finals and in the National television broadcast thereof. Said permission must be in a form acceptable to MAO/MNSO.

iii. Specified amount of ad sales for state competition program book.

7. General Provisions:

a. It is understood and agreed by and between the parties hereto that this franchise shall automatically terminate immediately on December 31, 2017. Local Pageant does hereby recognize and accept the intrinsic right of MNSO to renew this Franchise Agreement or fail to renew same with or without cause. A franchise may be put on probation at any time throughout the franchise period for a designated review period, whereas the franchisee has the opportunity to correct the insufficiencies including but not limited to those items listed in the General Guidelines or Annual Franchise Review (attached). In the event MNSO fails to renew Local Pageant’s Franchise, MNSO shall send written notice to that effect to Local Pageant within 15 days of receipt of the signed franchise agreement from the local pageant. Notwithstanding the foregoing, MNSO will not consider renewal of this Franchise unless and until all required paperwork and documentation is submitted to it. The Local Pageant shall have ten days after receipt of such written or, at its option, in the form of a hearing before the Miss Nevada Scholarship Organization. It is understood and agreed, however, that the decision of the Miss Nevada Scholarship Organization shall be final and binding upon Local Pageant and the Local Pageant shall have no further right of appeal on MNSO’s determination not to renew Local Pageant franchise. It is further understood and agreed that commencing immediately upon MNSO’s notification to Local Pageant of MNSO’s non-renewal of Local Pageant’s franchise, Local Pageant shall immediately cease and desist holding itself out as an Official Franchise of MNSO and shall be prohibited from utilizing any stationery, business cards, signs, banners and other materials, if any, which utilize the name or mark of Miss Nevada Scholarship Organization, Miss Nevada Pageant, Miss Nevada. Miss America Organization, Miss America Pageant and/or Miss America.

b. This Franchise may not be terminated by either party during the Franchise period without good cause and only then by sending written notice to the other party no less than thirty (30) days before the anticipated termination date setting forth in detail the reasons for the

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decision to terminate this Franchise Agreement. In the event that Local Pageant’s Franchise in terminated by MNSO pursuant to this provision, Local Pageant shall immediately cease and desist holding itself out as a Franchise of the MAO/MNSO and shall be prohibited from utilizing any stationary, business cards, signs, banners and other materials, if any, which utilize the name or mark of MNSO, the Local Representative, Miss America, the Miss America Pageant and/or the Miss America Organization, unless specifically waived in writing by MNSO.

c. Local Pageant and/or Associated Entity shall maintain separate scholarship and operating accounts. Scholarship funds must be maintained in a appropriate, segregated Scholarship Bank Account, which is specifically designated on documents filed with the bank and/or brokerage entity. In the event of non-renewal of termination of this Franchise, these funds shall be paid over to the MNSO Scholarship Account for the specific purpose of distributing the scholarship dollars as obligated by the Miss ______________________________(name your program here). By this action, MNSO does not assume any obligations to meet scholarship obligations, which exceed the amount of the funds transferred from the disenfranchised Local Pageant Scholarship Account.

d. Local Executive Director ____________________________will immediately turnover to the MNSO any and all bank account information upon disenfranchisement. Operating Account dollars will immediately transfer ownership to MNSO, and are not the legal property of the Executive Director.

e. This Franchise does not include the right, and the Local Pageant agrees that it shall not have the right to authorize or permit the Local Pageant to be televised locally, regionally or nationally without prior written approval of MAO/MNSO (at least 3 months notice). Permission to televise any Local Pageant shall at all times be at the sole discretion of MNSO and, if such permission is granted, such television production shall conform the norms and standards promulgated from time to time by MAO/MNSO.

f. This agreement may not be transferred to any person, persons or entity. g. No person other than a Judge, Emcee, Producer or cast member may serve in any

capacity in either a Local or State Pageant unless that person is a resident or employed in the State in which the Miss America Franchise has been given or is a resident employed in a State contiguous to the State to which the franchise has been given.

h. No person shall serve as judge, State/Local Board member or an Associated State/Local Board member in any Local, State or National Pageant who has or intends to provide for profit or otherwise any product or service directly or indirectly to or for any potential or actual contestant in any Local or State Pageant. Paragraph (G) additionally applies to the spouse of any applicable individuals.

i. It is hereby understood and agreed that MAO/MNSO reserves the right at any time to change, amend or eliminate any rules or policies including, but not limited to, the rules set forth in this agreement, pertaining to production requirements, administrative procedures and/or rules and policies of MAO/MNSO and/or Local Pageants. In the event that Local Pageant is granted a multiple year Franchise, Local Pageant agrees to be bound by the Franchise Agreement, as it may be amended from time to time, within the Franchise period granted to Local Pageant.

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j. The terms and conditions of this Franchise Agreement are necessary in order to give every contestant throughout the United States an equal opportunity to compete for the title of Miss America and the parties hereto recognize and agree that Local Pageant and MAO/MNSO are three independent organizations and that no agency, partnership or joint venture relationship is created by the provisions of this Franchise Agreement.

k. Local Pageant does hereby agree to indemnify and completely save harmless MAO/MNSO, its officers, directors and employees as the result of any claims, damages, obligations and/or liabilities or asserted upon MAO/MNSO arising out of any transaction or occurrence not authorized in writing by MAO/MNSO.

l. All controversies or claims arising out of or relating to this Agreement or the breach thereof shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association before an arbitrator selected by said Association. Said arbitration shall be held in Humboldt County, Nevada. Both parties agree to be bound by the decision of the arbitrator, that they have no right to appeal the arbitrator’s decision and that the judgment of the arbitrator may be entered in any court of competent jurisdiction.

m. Waiver or failure of enforcement of any provision hereof on any one occasion shall not be deemed to constitute a waiver of enforcement of said provision in the future. This Franchise Agreement constitutes the entire agreement between the parties and it cannot be changed or altered except in writing signed by both parties. It is recognized that a similar agreement is being entered into between MNSO and other Local Pageants in the State of Nevada and in order to ensure a uniform and consistent interpretation hereof, the parties agree that this contract shall be construed under and in accordance with the laws of the State of Nevada.

n. In the event of termination or non-renewal of the Franchise of Local Pageant, Local Pageant and Associated Entity shall comply with the provisions of Paragraph 7 (b) and (c), and shall assign all local, state and/ or federal trade marks of Local Pageant and/or Associated Entity, to a successor franchisee, if there should be one, or if none to MNSO.

o. In the event of termination or non-renewal of the Franchise of Local Pageant, Local Pageant and Associated Entity shall use their best efforts to support the State Finalists until an orderly transition of her affairs can be completed with the successor franchise and shall take no action to prevent the State Finalist from fulfilling her obligations or to stop sponsors from continuing their patronage.

p. Local Pageant and Associated Entity, as applicable, represent and warrant to MNSO and to the contestants competing in Local Pageant that it or they have at the time of the award, sufficient funds to pay all scholarships that have been previously granted and which are still considered to be due and payable. Local Pageant will submit a copy of the bank statement verifying all scholarship funds when requested by MNSO.

q. Local Pageant agrees to pay an annual Licensing Fee in the amount of $1000.00 for 1 (one) title and $550 ($1,100) for 2 (two) titles awarded to MNSO. If conducting a Local Teen Pageant, Local Pageant agrees to pay an annual Licensing Fee of $1,000.00. Local Pageant may charge each Teen entering their Local Teen Pageant an entry fee of $150 as a fundraiser for their Local Pageant. Fees are due 1 week following your Local Pageant. Refer below for Fee Table.

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Title Miss Teen

One (1) $1,000.00 $ 1,000.00 (Open)

Two (2) $550.00 ($1,100.00) $ 550.00 ($1,100.00)

Three (3) $350.00 ($1,500.00) $ 350.00 ($1,500.00)

IN WITNESS WHEREOF, we have hereunto set our hands and seal this ________ day of ____________________, ______.

WITNESS/ATTEST ________________________________ (by Secretary if incorporated) LOCAL PAGEANT NAME (FRANCHISEE)

______________________________ BY: _________________________________ Witness Executive Director ______________________________ BY: _________________________________ Witness Co-Executive Director (If Any)

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State of Nevada County of __________________________

The foregoing instrument was acknowledged before me this _______day of ________________, 20____, at ____________________, Nevada, by ______________________________________________ to be his/her free act and deed. ____________________________ Signature of Notary Public

____________________________ Name of Notary Public (print) Notary Public, State of Nevada

My commission expires: _____________ SEAL

WITNESS/ATTEST __________________________________ (by Secretary if incorporated) ASSOCIATED ENTITY (If Any)

______________________________ BY:_______________________________ Witness

______________________________ __________________________________ Type or Print Name Type or Print Name

MISS NEVADA SCHOLARSHIP ORGANIZATION

This franchise agreement is approved ☐

This franchise is on probation for not meeting all of the criteria of this franchise agreement and attachments. This franchise will be under review for a period of ________ months. See attached. ☐

This franchise agreement is not being renewed ☐

BY: ______________________________ __________________________________ PRESIDENT/EXECUTIVE DIRECTOR DATE

DISTRIBUTION: Original and copy to State Executive Director

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RIDER "A"

MISS NEVADA ORGANIZATION SOCIAL MEDIA POLICIES

Social media is changing the way we work, offering a new model to engage with customers, colleagues, and the world at large. We believe this kind of interaction can help us to build stronger, more successful pageant and business relationships. It’s a way for us to take part in global conversations related to the work we are doing at the Miss Nevada Scholarship Organization (Local) and the things we care about. These are the official guidelines for participating in social media for the Miss Nevada Scholarship Organization (Local). If you’re a MNSO employee, board member, volunteer, contestant or contractor creating or contributing to blogs, wikis, social networks, virtual worlds, or any other kind of social media, these guidelines are for you. Participation in social media on behalf of Miss Nevada Scholarship Organization (Local) is not a right but an opportunity, so please treat it seriously and with respect.

DISCLOSE

Your honesty—or dishonesty—will be quickly noticed in the social media environment. Please represent the Miss Nevada Scholarship Organization (Local) ethically and with integrity.

• Be transparent: Use your real name, identify that you are associated with the Miss Nevada Scholarship Organization (Local), and be clear about your role.

• Be truthful: If you have a vested interest in something you are discussing, be clear about your role.

• Be yourself: Stick to your area of expertise; write what you know. If you publish to a website outside Miss Nevada, please use a disclaimer something like this: “The postings on this site are my own and don't necessarily represent Miss Nevada Scholarship Organization’s (Local) positions, strategies, or opinions.”

• Be conscientious: Keep in mind that what you write is your responsibility and failure to abide by these guidelines could put your relationship with Miss Nevada Scholarship Organization (Local) at risk.

• There is no clear line between your work/volunteer life and your personal life. Always be honest and respectful in both capacities. With the ease of tracing authors back from their posts and the amount of information online, finding the actual identity of a poster from a few posts and a screen name is not impossible. This creates an avenue for outside parties to link your personal writings to those you've done in a professional capacity. Write as if everyone knows you. Never write anything you wouldn't say directly to all involved.

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PROTECT

Make sure all that transparency doesn’t violate Miss Nevada Scholarship Organization’s (Local) confidentiality or legal guidelines for commercial speech— or your own privacy. Remember, if you’re online, you’re on the record— everything on the Internet is public and searchable. What you write is ultimately your responsibility.

• Don't tell secrets: Never reveal Miss Nevada Scholarship Organization’s (Local) confidential information. If you’re unsure, check with a state representative. Off-limit topics include: litigation, non-published financials, unreleased company info, and email correspondence. Also, please respect brand, trademark, copyright, fair use, and trade secrets. If it gives you pause...pause rather than publish.

• Don't slam the competition: Play nice. Anything you publish must be true and not misleading, and all claims must be substantiated and approved.

• Don't over share: Be careful out there—once you hit "share," you usually can’t get it back. Plus being judicious will help make your content more crisp and audience-relevant.

• Did you mess up? If you make a mistake, admit it. Be upfront and be quick with your correction. If you're posting to a blog, you may choose to modify an earlier post—just make it clear that you have done so.

• Avoid hazardous materials. Do not post or link to any materials that are defamatory, harassing, or indecent.

• Don't promote other brands with our brand. Do not promote personal projects or endorse brands, causes or opinions when posting from a Miss Nevada Scholarship Organization (Local) associated account. Be sure to respect third party copyrights.

• Always trackback. When reposting or referencing a post on one of Miss Nevada’s online sites, provide a link to the original post or story.

USE COMMON SENSE

• Perception is reality. In online social networks, the lines between public and private, personal and professional are blurred. Just by identifying yourself as a Miss Nevada Organization employee, board member, or national volunteer you are creating perceptions about your expertise and about Miss Nevada Scholarship Organization (Local). Do us all proud.

• The Internet is not anonymous, nor does it forget. Everything written on the Web can be traced back to its author one way or another and very easily replicated in others through trackbacks and reposts or references.

• Do not return fire. If a negative post or comment is found online about Miss Nevada or yourself, do not counter with another negative post. Instead, publicly offer to remedy the situation through positive action. Seek help from the office staff in defusing these types of situations.

Note: The Miss Nevada and Miss America Organizations DO NOT condone contestants, board members in the organizations, especially our leaders, posting on message boards. Participation on them, even anonymously, is strictly forbidden. No one in the organization, especially our contestants and leaders, should even read them. In addition to being a Miss

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America rule, this is a Miss Nevada policy as well. Restrict your group posting to public forums, such as Facebook, and follow social media policies above.

By signing this document you are acknowledging that you have read the following attached documents and agree to follow the rules and guidelines as such.

____________________________________ ________________________ Name Date

____________________________________ ________________________ Name Date

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EXHIBIT “A”

1. The name of the Local Organization shall be: ___________________________

2. The name of this organization is subject to the Miss Nevada Scholarship Organization franchise and is owned by the Miss Nevada Scholarship Organization, which has all rights and proprietorship in and to the names and marks Miss ______________________________ and “Miss Nevada”, “Miss Nevada Pageant” and “Miss Nevada Scholarship Organization”.

3. The continued use of the name of this organization is dependent upon the Miss Nevada franchise authorizing the Local Pageant to conduct Pageant activities within their franchise area, and should the said franchise be terminated or not renewed for any reason then the Miss ______________________________ name shall, by the terms of this document, automatically revert to the ownership of the MNSO.

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EXHIBIT “B”

You do not need to complete this page until the time that you have a contestant meets these criteria – at that time have her sign this form and attach to her contract.

An exception to the third party rule will be made to allow deaf or hearing impaired contestants who compete on the local, state, and national level in the Miss America Pageant program to use a sign language interpreter in the interview portion only of the competition if the contestant certifies in writing under penalty of perjury that (a) she is either deaf or hearing impaired, (b) she has used a sign language interpreter in the past in some aspect of her everyday life (i.e. school or work), and (c) she needs as sign language interpreter to compete in the competition. The forgoing certification is in lieu of requiring the contestant to provide an audiogram to pageant officials. The Pageant will select five interpreters from the National Registry of Interpreters for the Deaf, or from some other similarly qualified organization, who reside within a reasonable distance from the site of the Pageant. The contestant may select one interpreter from five interpreters referenced above. The interpreter selected by the contestant may not be and acquaintance or someone that she has used before.

CERTIFICATION

STATE OF : :SS

COUNTY OF :

I ______________________________ request the use of an interpreter during the Miss

_________________________ Pageant (“Pageant”) which will be held on

________________, _____.

I do certify under penalty of perjury that I am either deaf or hearing impaired, that I have used a sign language interpreter in the past in some aspect of my everyday life and that I require a sign language interpreter to compete in the Pageant competition. I understand that I may use a sign language interpreter during the interview portion only.

I understand that the time allowed for the judges’ interview shall be the same as for all other contestants who are competing in the Pageant.

DATE: _______________________ BY: __________________________________ (Contestant Signature)

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EXHIBIT “C”

SCHOLARSHIP RULES AND REGULATIONS

LOCAL PAGEANT NAME: _____________________________________________

Effective October 1, 2016

Scholarship Usage - Any scholarships awarded at the Miss Nevada State Pageant must be used to further the contestant’s education either in college or for private school. The choice is hers, as long as the scholarship is used to further her education and is incurred after July 1st.

Miss Nevada and Miss Nevada’s Outstanding Teen will not receive her scholarship until she has successfully completed her year of service.

Scholarship funds may be applied to tuition, textbooks, supplies, academic fees and other appropriate educational expenses. All unusual or questionable items of expense must be referred to the Miss Nevada Scholarship Committee with as much information as possible and far enough in advance for consideration of approval. Amounts received as scholarship payments are taxable income to the extent that they exceed “Qualified Tuition and Related Expenses”.

Qualified Tuition and Related Expenses include tuition and fees required for enrollment or attendance of a student at an educational organization, including fees, books, supplies and equipment required of all students in the particular course of instruction.

Payment of all approved expenditures will be made directly to the college, university or other accredited institution unless extenuating circumstances exist. In such cases, a letter of explanation accompanied by paid receipts and/or copies of canceled checks will be required, which qualify the expense for reimbursement to the payer or scholarship Contestant.

Requesting Reimbursement - In order to receive her scholarship, a contestant must submit a receipt for record-keeping purposes. The receipt must be accompanied by a completed Scholarship Reimbursement Form. The form can be obtained by submitting a request to the Miss Nevada Scholarship Organization. To request a scholarship form, send an email to [email protected].

Requesting Usage - Requests for scholarships are initially processed by the Miss Nevada Organization and forwarded to the Miss Nevada Scholarship Committee upon written receipt of original statements from colleges and schools or from the Contestant for other educational expenses. All original statements and invoices must be accompanied by a cover letter from the Contestant.

Reimbursement Guidelines - Reimbursements for room and board will generally be made to the educational institution and such requests must be accompanied by appropriate documentation from the educational institution evidencing the charges for same. If the Contestant has already made payment for this expense to the educational institution,

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reimbursement may be made with the appropriate documentation. Contestants must maintain at least 12 credit hours as a full-time student, 9 credit hours part-time status and 9 credit hours for graduate in order to qualify. Reimbursements do not cover key fees or deposits. Utilities (electric, gas, cable, phone, etc.) are also not covered. It is each Contestant’s obligation to determine whether the scholarship, in whole or part, is includable in gross taxable income, regardless of whether a Form 1099 has been issued by either The Community Foundation or Miss Nevada Organization. Contestants are encouraged to consult a tax advisor regarding the taxability of the scholarship payments.

Priority of Level in Usage - Contestants receiving scholarships at the state level must use the scholarship won at the local level prior to applying for funds at the state level. Verification must be submitted in writing from the Local Executive Director that all local scholarship funds have been exhausted. Outside of a request for computer equipment as discussed in Item 2, exceptions to this rule may be granted for payment of college or university room and board, which does not fall within the guidelines for disbursement at the local level. The request for an exception must be submitted in writing to the Miss Nevada Organization Scholarship Committee for consideration.

Student Loans - Scholarships may be used for outstanding student loan obligations provided the Contestant has satisfactorily completed the coursework for which the loan was obtained. In all cases, requests must include a current bill from the lender showing a current address, a copy of the promissory note showing that the Contestant is either the primary or secondary payer of the obligation, and an official transcript showing completion of the coursework.

Usage for Future Expenses and Forfeitures - Scholarships may be used for future educational expenses, provided, however, Contestants must begin use of their scholarships within two (2) years of the date of the award. If a Contestant has not submitted a request to the Miss Nevada Organization for her scholarship award dollars during this period, her right to request funds will be forfeited. If a Contestant forfeits any money from her scholarship award at the local level, her award at the state level will automatically be forfeited.

6A) A Contestant who begins use of her scholarship within the designated time above will then be required to show continuous activity in her scholarship endeavors up to a limit of four (4) years following the date of her award. If there occurs a continuous, uninterrupted two (2) year period in which there is no activity in an account, then the balance of that account will be forfeited. Any balance remaining in a Contestant’s award four (4) years following the date of the award will automatically be forfeited.

6B) An exception to the time limits described in Paragraph 6A above may be made if the Contestant, prior to the expiration date, makes a written appeal to the Miss Nevada Organization citing compelling reasons why the time period should be extended. An extension will generally be permitted when the Contestant has had state and local awards within the prescribed time limits above. However, the Contestant must still send a written request for extension. The Miss Nevada Organization will review the request and determine whether an extension is warranted. Consistent with the code and the rules and regulations of

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the Community Foundation, the decision of the Miss Nevada Organization shall be final and binding. 6C) Should Miss Nevada not complete her year of service, and the first runner-up or a runner-up assumes the title of Miss Nevada the runner-up assuming the title will only be awarded her original runner-up scholarship.

THE MISS NEVADA ORGANIZATION RESERVES THE RIGHT TO AMEND AND OR MODIFY THE FOREGOING SCHOLARSHIP RULES AND REGULATIONS AT ANY TIME WITHOUT NOTICE.

Local Executive Director’s shall keep all Scholarship monies in a separate account to be paid at the time a contestant submits all documentation for payment to an educational institution.

I have read, understand, and agree to abide by all the rules and regulations. By submitting this document electronically, I acknowledge this is considered a signed document. _________________________________ Local Executive Director’s Signature _________________________________ Print or Type Name

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EXHIBIT “D”

FRANCHISE AREA

The designated area in Nevada for this Franchise shall be (designate with as much detail as possible, you may even attach a map):

Further the eligibility requirements for this Franchise shall be (for example a student at a specific University if required for that title):

Note: If you are the closest local pageant to a Nevada eligible contestant, regardless of your coverage area you are required by the Miss America Organization and the Miss Nevada Scholarship Organization to allow the young women entry into your program. This rule does not apply to contestants who missed the season’s entry deadlines for their local programs unless they were not eligible for that local at the time it was conducted.

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EXHIBIT “E”

GENERAL GUIDELINES FOR ANNUAL FRANCHISE REVIEW

Overall stability and growth of the program Fair and equitable recruitment practices

Quality and growth of the scholarship funds

Financial stability and sound financial practices

Promotion and management of local representative including number and kind of appearances

Preparation for local title holder

• Contestant Packet Preparation • Mock Interviews and Platform Work • Wardrobe Ready

Sound management practices

Communications and cooperation with state office

• Timely distribution of new policies and procedures • Meeting deadlines with required forms • Responding to communication (phone, mail and e-mail) • Attendance at scheduled meetings

Training of Local Board

• Judges Chairman • Preparation Committee • Production Staff • Public Relations and Hostess Committee • Local committees in general

Promote and Demonstrate Ethics and good Sportsmanship

• Becoming of a Miss America volunteer • Becoming of a Local Preliminary • Becoming of a supporter or sponsor of the program

Each local is responsible to follow all existing rules, regulations and franchise agreement terms.

Each year the Miss Nevada Scholarship Organization Board and Staff will review each franchise. Within 45 days of receipt of your signed franchise agreement you will be notified if your franchise is approved, put on probation or will not be renewed.