Rules and Regulations

PUBLICITY AND LIABILITY RELEASE AND WAIVER AND INDEMNIFICATION AGREEMENT
For and in consideration of the opportunity to participate in the Bling My Boat contest (“the Program”) conducted at the 2009 Baltimore Boat Show (“the Show”), the undersigned, on behalf of myself and my heirs, legal representatives, and assigns, hereby agrees as follows:
1. Publicity Rights. I grant to National Marine Manufacturers Association, its directors, officers, employees, agents, members, and all of those acting under its permission and authority (collectively, “NMMA”), the irrevocable right, but not the obligation, to audio tape, film, video tape, record, edit, broadcast, cablecast, exhibit, incorporate, or otherwise use or commercially exploit my appearance name, likeness, statements and/or biographical information (collectively, “Appearance”), with or without my knowledge, in connection with the production, distribution, promotion, marketing, publicizing, sale, and promotion of the Event and/or the Program and any other programs produced by or for NMMA, and any derivative works of any of the foregoing programs, at NMMA’s sole discretion, throughout the universe in perpetuity, in any manner without limitation, which uses shall not entitle me to receive any compensation whatsoever. Without limiting the generality of the foregoing, I waive any right that I may have to inspect or approve (i) the Program, (ii) any advertising, promotional or publicity footage or material or other copy that may be used in connection with the Program, or (iii) the use to which the Program or any advertising, promotional or publicity footage or materials relating to the Program may be applied. In addition, I waive any rights of privacy or publicity that I may have with regard to the Program or any use of my Appearance authorized in this Agreement and Release. I understand that NMMA has sole ownership of the Program and of any related advertising, promotional and publicity footage and material and has sole discretion to edit the Program and related footage and material and to decide whether or not my Appearance will be used in connection with the Program. I also understand that if my Appearance is used in the Program, that the Program and related promotions, publicity footage and advertisements may be aired one or more times over any television station, cable system, radio station, and/or over the Internet or in any other media now known or hereafter devised.
2. Liability Waiver, Release and Covenant Not to Sue. I waive, release, discharge and covenant not to sue, to the extent permitted by applicable law, NMMA, as well as the judges of the Program and all companies that contribute products or services awarded to or used in connection with the Program (collectively, the “Released Parties”), from any and all liabilities, claims, damages, costs and expenses (including attorneys’ fees) arising out of: (i) the Program; (ii) my Appearance; (iii) the exercise of the rights granted under Section 1 above; (iv) personal or reputational injury to me or others; or (v) damage to property owned by me, including my boat as entered into and selected as the winner of the Program and as revised, changed, modified, or repaired during the Makeover, which injury or damage may arise in any connection with the Program, or my Appearance, or any travel, accommodations, goods or services provided to me or others, whether such injury or damage is caused by the active or passive negligence of any of the Released Parties or otherwise. I acknowledge that my Appearance, depiction and portrayal on the Program may be edited by NMMA in any manner in its sole discretion and may be disparaging, embarrassing or otherwise unflattering or unfavorable and may expose me to public ridicule and humiliation. I nonetheless release, without limitation, any and all claims for libel, slander, defamation, invasion of privacy/publicity, or portrayal in a false light that may arise out of my Appearance, the Program or the exercise of the rights granted in Section 1 above.
3. Indemnity. I hereby agree to indemnify, defend and hold harmless the Released Parties and each of them from and against any and all liabilities, claims, damages, costs and expenses (including attorneys’ fees) (collectively, “Claims”) incurred by any of them and arising out of any of: (i) my Appearance; (ii) any statement, action or failure to act by me during or in connection with the Program; (iii) my acceptance or use of any prize awarded in connection with the Program, or; (iv) my breach of any term or provision of this Agreement and Release, whether or not such Claims arise in whole or in part out of the active or passive negligence of any of the Released Parties or otherwise. I hereby waive any and all rights of exemption, both as to real and personal property to which I may be entitled under the laws of Illinois or any other state or commonwealth, as against any such claim for indemnity.
4. Other Matters. I shall not publicize or cause others to publicize my Appearance in any way or use or cause others to use the name of the Program for any promotional, publicity or commercial purpose whatsoever without the prior written approval of NMMA in each instance. I agree to follow all of NMMA’s rules, directions and instructions in all matters relating to the Program, which rules, directions and instructions are subject to change at NMMA’s sole discretion. I will accept as final and binding any and all decisions of NMMA and/or its appointed judges for the Program on discretionary matters (including but not limited to winner selections). I agree that the rights and releases granted to NMMA and the Released Parties under this Agreement and Release are intended to be as broad and inclusive as is permitted by law of the State of Illinois and that if any portion of this Agreement and Release is held to be invalid or unenforceable, the remainder shall continue in full force and effect. I further agree that I have read the above Agreement and Release before signing it, and that I understand and am fully familiar with its contents.
5. Taxes. All taxes (including income taxes), fees, and surcharges on prizes are the sole responsibility of the prizewinner. NMMA shall report the value of the improvements to the winner’s boat as income to the winner by issuance of a form 1099, a copy of which is required to be, and shall be, filed by NMMA with the Internal Revenue Service. A condition of receiving the prize is that winner shall provide NMMA with his/her Social Security Number for purposes of preparing and filing the Form 1099.

6.  Deadline.  The deadline for all entries is August 1, 2008.  A winner will be picked on September 2, 2008.