Miss World 2013 Official Entry

7/14/2019 Miss World 2013 Official Entry

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Document : MW2012 OFF ENT FORM

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Miss World Contest 2013

OFFICIAL ENTRY FORM

Incorporating rules and conditions of participation in theMiss World Contest 2013

IMPORTANT NOTICEPlease note that this is a legal agreement which must be read carefully before

signature by all National Winners and Licensees.

ENTRY FORM SUMMARY

PLEASE COMPLETE IN BLOCK CAPITALS

1. Miss World Limited: a company registered in Jersey under company number 17598 andwhose trading address is 22-26 Albert Embankment, London SE1 7TJ United Kingdom; e-mail [email protected]

2. The Winner:

…………………………………………...……………………[ insert full name of National Winner ]of……………………………………………………………………………………...……………………………………………………………………………………….[ insert address ]being the winner of the National Contest in the National Area

3. The Licensee:……….……………….…………………………………………. [insert name ]a company registered in. ………………………………………………...[insert country ] under company no. …………………………………………...[insert registration number ] and whose registered address is at ………………………………………………………….…………………………………………………………………………….………………………………………………………………………………………………………………….…………………………………………………………………………...… [insert address ]

National Area: ………………………………………….

Year of the Contest: 2013




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THE WINNER’S DECLARATION AND AGREEMENT

The Winner hereby declares and agrees that she has read and understood or had explainedto her to her satisfaction all of the attached terms and she hereby applies to Miss WorldLimited to take part as a contestant in the next Miss World Contest in accordance with theseterms and undertakes that, if her application is accepted, she will participate in accordancewith these terms and conditions. The Winner further agrees that if she is elected the nextMiss World, she shall immediately at Miss World Limited’s request sign and enter into theMiss World Contract and comply fully with all the terms and conditions set out in the MissWorld Contract.

___________________________ Date:……………………………………Winner’s signature

Place:…………………………………..

Signed in the presence of:Names of Parents/ Lawful Guardians

……………………………………………*and……………………………………..

Of…………………………………………………………………………………………...

Being the *parent(s)/lawful guardian(s) of the Winner hereby give *my/our consent to her

application and undertake that if such application is accepted and insofar as *I/we are able,guarantee the performance by the Winner of her obligations contained in the attachedagreement and the Miss World Contract

______________________________ ______________________________ *Parents/lawful guardians signatures

Date:……………………………………… Place:…………………………………….*delete as appropriate

WitnessI declare that the above signatures of the Winner and of her parents/lawful guardians werewritten in my presence

___________________________ Witness signature

Name of witness:……………………………………………….Occupation:……………………………………………………..Address:…………………………………………………………

…………………………………………………………………………………………………………………………………………




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LICENSEE’S DECLARATION AND AGREEMENT

The Licensee hereby declares and agrees that it has read and understood all the attachedagreement which is accepted. The Licensee has explained the attached agreement and theMiss World Contract to the Winner and to the Winner’s parent(s)/lawful guardian(s) all ofwhom state that the foregoing is understood and accepted. The Licensee hereby declaresthat it has made all the necessary enquiries and to the best of its knowledge and belief at thedate hereof the Winner is fully eligible to enter The Miss World Contest. The Licenseeundertakes that if the Winner’s application is accepted it will carry out the several obligationson its part herein contained and will use its best endeavours to ensure the Winner’scompliance in full with the obligations on her part contained in the attached agreement

_______________________ Date:…………………………………..Licensee’s signature

Place:………………………………….

WitnessI declare that the above signature of the Licensee was written in my presence

___________________________ Witness signature

Name of witness:……………………………………………….Occupation:……………………………………………………..Address:……………………………………………………………………………………………………………………………………………………………………………………………………

MISS WORLD LIMITED

Miss World Limited hereby accepts the Winner’s entry into The Miss World Contest subjectto the terms of the attached agreement to carry out the obligations of Miss World Limitedherein contained

________________________________________ Signed for and on behalf of Miss World LimitedBy Julia Morley, Chairman

Signed this………………………..day of……………………………………20………… (Date ofthis Agreement)

Note: The Winner and the Licensee must return this Entry Form signed by the Winnerand the Licensee to Miss World Limited in advance of the Miss World Contest.

THE WINNER, THE LICENSEE AND MISS WORLD LIMITED AGREE TO THEFOLLOWING TERMS AND CONDITIONS:




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INTRODUCTIONMiss World Limited intends to conduct The Miss World Contest in the Year of the Contestand the Winner being eligible by having been elected the winner of the National Contestwishes to participate as a contestant in The Miss World Contest. The Licensee has agreedwith Miss World Limited to submit and support the Winner’s application to participate in theContest and if the Winner’s application is accepted to sponsor the Winner throughout theperiod of The Miss World Contest as set out below.

In this Agreement the following expressions shall have the following meanings:

“A Continental Queen of Beauty” means any contestant in the Miss World Contest whohas not won the title of Miss World elected to the title of Continental Queen of Beauty ofany of the following continents or regions currently the Americas, Africa, Asia Pacific,Caribbean and Europe and any other region which Miss World Limited may stipulate fromtime to time.

“Competition” shall mean The Miss World Contest or any National Contest and any part

of those contests.

“Competition Period” shall mean the period from the date of entry of a contestant into aNational Contest to the date of the election of Miss World 2013 or in the event of anydispute concerning election 28 days thereafter.“Designated Venue” means the venue or venues designated by Miss World Limited forthe holding of The Miss World Contest in the Year of the Contest and shall include anychanged venue or venues for that year.

“Entry Form Summary” means the information set out above relating to The Miss WorldContest including the Year of the Contest and the parties to the agreement all of whichform part of this Agreement.

“Intellectual Property Rights” means any and all intellectual property rights throughoutthe world, including without limitation any patent, petty patent, copyright or related rights(including moral rights), database rights, registered design or other design right, utilitymodel, trade mark (whether registered or not and including any rights in get up or tradedress), brand name, service mark, trade name, business name (whether registered ornot), Internet domain name, format rights and any other rights in respect of any otherintellectual property, whether registrable or not and including all renewals, extensions andrevivals and all rights to apply for any of the foregoing rights.

“Logo” means the Miss World composite logo for the Year of the Contest consisting ofthe Mark, the Designated Venue name/logo, the Miss World Sponsor name/logo and the

Year of the Contest in the format, design, size, script, position and colours as may bestipulated by Miss World Limited or any other logo connected with the Miss WorldContest for the Year of the Contest as may be designated from time to time by MissWorld Limited.

“Mark” means the MISS WORLD mark, including all trade mark applications andregistrations for that mark and any similar rights as may exist anywhere in the world,whether registered or unregistered and which belong to Miss World Limited.

“The Miss World Contest” means the next contest after the date hereof organised byMiss World Limited to elect “Miss World” in the Year of Contest.




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“The Miss World Contract” means the form of contract for services incorporatingsubstantially the same terms as shown in Schedule D to this Agreement which theWinner agrees to enter into for the Year of Office immediately following The Miss WorldContest if elected to Miss World.

“Miss World” means the person elected as Miss World at The Miss World Contest inaccordance with the rules of The Miss World Contest.

“Miss World Sponsor” means the sponsor of the Miss World Contest for the Year of theContest.

“The National Area” means the territory set out in the Entry Form Summary.

“National” means a person born in the National Area or who is a naturalised citizen ofand who holds a valid passport of the country of which the National Area she has chosento represent forms part.

“The National Contest” means the contest for the Year of the Contest organised andarranged in its entirety in the National Area where the final selection is made for the MissWorld Contest in which the Winner is to participate.

“Option Years” means, in the case of the Winner who is elected Miss World, the firstand second years following the Year of Office during which Miss World Limited maycontinue to represent the Winner in her commercial and entertainment activities on theterms of the Miss World Contract.

“Period of the Contest” means the period from the Winner’s arrival for the Miss WorldContest to her departure from the Designated Venue.

“Runner-up” means any Winner elected second, third, fourth, fifth, sixth, seventh,eighth, ninth or tenth place in the Miss World Contest.

“Title Holder” means any Winner elected as winner of a title at the Miss World Contest,other than Miss World, including without limitation Continental Queen of Beauty, TopModel, Talent Show Winner, Beach Beauty, Beauty with a Purpose, World SportsWoman or any other contest title designated from time to time by Miss World Limited.

“Winner” means the National elected as the winner of the National Contest or any otherNational substituted by Miss World Limited for the winner for the purposes of participatingin the Miss World Contest.

“Year of the Contest” shall mean 2013.

“Year of Office” means the period from the date of election of the winner at The MissWorld Contest (or in the case of any dispute arising following such election the date uponwhich the winner is so confirmed if that be the case not being later than 28 days after theconclusion of The Miss World Contest) until the conclusion of The Miss World Contest forthe following year.




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PART I

Application and acceptance of the entry of the Winner into The Miss World Contest

1. The Winner warrants that she is fully eligible to be a contestant in The Miss WorldContest in accordance with the provisions of Schedule A below.

2. The Licensee warrants that to the best of its knowledge and belief the Winner is soeligible.

3. The Winner undertakes to remain eligible throughout the Period of the Contest, and forthe Year of Office and the Option Years (if any) should she be the winner of The MissWorld Contest a Runner-up, Miss Continental Queen of Beauty or any other Title Holder.

4. The Licensee undertakes to use its best endeavours to ensure the Winner’s complianceof continuing eligibility throughout the Period of the Contest.

5. On the above undertakings and warranties and subject to the rules, obligations andconditions of this Agreement the Winner hereby applies and Miss World Limited subjectto the rules, obligations and conditions of this Agreement by signing this Agreementhereby accepts the entry of the Winner into The Miss World Contest.

6. The Winner and Licensee acknowledge and accept that each will be liable for any loss,damage or expense incurred by Miss World Limited as a result of any breach of theobligations or warranties owed to Miss World Limited, as set out below.

7. Miss World Limited shall have the right at all times, acting on reasonable grounds and bygiving written notice to the Winner and Licensee, to reject the Winner’s application forentry to the Miss World Contest.

Schedule A – (Rules of Eligibility for Entering the World Contest)

The Miss World Contest is open to eligible contestants in all parts of the world and thequalifications for eligibility are that each contestant:

a) shall be not less than 17 years of age nor more than 24 years and 364 days of age on thedate of the Miss World Final in the relevant year;

b) shall not have participated as a National in a National Contest conducted by anauthorised Licensee in the National Area (unless special permission has been given inwriting by Miss World Limited due to extenuating circumstances) within 12 months priorto the holding of The Miss World Contest;

c) holds a valid passport of the National Area and a valid visa where applicable for Englandand the Designated Venue;

d) shall have won or been elected as a winner of her National Contest elected specifically toparticipate in the appropriate Miss World Contest or be first runner-up if the winner isprevented by reason beyond her control from participating, subject to the right of MissWorld Limited to waive or amend this requirement if in its absolute discretion nominated

persons are unable, unfit or otherwise unqualified to participate in The Miss WorldContest;

e) shall be of good character and possessed of charm, poise, personality, and have beautyof face and figure;

f) shall be a person whose background is not likely to bring into disrepute The Miss WorldContest or the Miss World title or the Licensee or Miss World Limited or any personassociated with them; and

g) shall be a person:-i) who usually uses the prefix ‘Miss’ (or equivalent) before her name;ii) who has never been through any ceremony either valid or invalid, and whether civil,

religious or tribal, which is recognised as a marriage ceremony in any part of theworld;

iii) who has never given birth to a child;iv) has never taken part in any contest for qualification to represent another country; and




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v) who has never won any Miss World Contest or represented the National Area in anyprevious Miss World Contest or has previously taken part in any international beautycontest;

SAVE THAT Miss World Limited in its absolute discretion may waive or amend any of theseconditions (if in its opinion such waiver or amendment is conducive to the successful runningof the Miss World Contest.)

PART II

Rules and Conditions of Participating in The Miss World Contest

8. The Winner hereby warrants and undertakes as set out in Schedule B below.9. The Licensee warrants that it has explained the provision of Schedule B to the Winner

(and if necessary the Winner’s parents or legal guardian) and undertakes that it will useits best endeavours throughout the Period of the Contest to ensure the Winner complies

with her obligations thereunder. The Licensee will ensure that it complies with thenational law of the Winner for the purpose of determining whether the consent of theWinner’s parents or legal guardians is required for her to enter into this Agreement.

10. The Winner hereby indemnifies Miss World Limited and agrees to keep it fully andeffectively indemnified against all actions, costs, losses, claims and expenses ofwhatsoever kind or nature arising from any breach or non-performance or threatenedbreach or non-performance by her of any of the warranties, representations, undertakingsor obligations in this agreement.

11. Miss World Limited undertakes to carry out the obligations on its part set out in ScheduleB.

Schedule B – (Rules and Conditions of Participating in The Miss World Contest)

1. The Winner warrants and undertakes:a) that she shall participate in the Miss World Contest in the Year of the Contest;b) that other than any contract with Miss World Limited, she has not and will not enter into

any contract during the Period of the Contest or the Competition Period relating to hermanagement or agency; or any contract relating to participation in any form ofentertainment (including without limitation live and pre-recorded radio, internet andtelevision broadcasts, mechanical recordings, film or video recordings and other soundand picture recordings) or contracts relating to advertising or sponsorship of an industry,product, brand or company or any contract relating to fashion or photographic modellingor any newspaper book or magazine publishing contract which will be in force during thePeriod of the Contest or during the Year of Office or any Option Year (if such option is

exercised);c) that she has not entered and will not enter into any contract which is or will be in force

during the periods referred to in sub-clause 1(b) above requiring the use of her namevoice or likeness or requiring her personal appearance or publication of photographs ofher or requiring endorsements by her or her association with any product or service;

d) not to make any personal appearance nor agree to nor allow publication in any visible oraudible media of any articles or information concerning herself of The Miss World Contestnor endorse nor be associated with any product, service or commercial organisation fora period commencing with the Date of this Agreement until 28 days after the conclusionof The Miss World Contest without the prior approval in writing of Miss World Limited;

e) not to participate in any other beauty contest (excluding the National Contest) during theperiod commencing 90 days before and ending 90 days after the final of The Miss WorldContest without prior approval in writing of Miss World Limited;




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f) to work with the Licensee to create exclusive content for the Official Miss World Websiteas directed by Miss World Limited;

g) to arrive in London, England or the Designated Venue by the date and at the place asnotified to the Winner by Miss World Limited and that should she arrive more than twenty-four hours earlier than the date designated or stay later than the day following the MissWorld Contest. The Winner acknowledges that Miss World Limited will in no way beresponsible for her security or upkeep unless Miss World Limited has agreed in advancein writing to do so;

h) to ensure that she will be available immediately following notification of the date for theMiss World Contest by Miss World Limited in the Year of the Contest in order to be ableto arrive in London, England or at the Designated Venue by such date;

i) to have in her possession on arrival a fully flexible return ticket to her place ofembarkation which ticket shall be deposited with Miss World Limited if Miss World Limitedso requests and to ensure that she has sufficient funds to pay for any excess baggagepayments both on the outward and return journeys;

j) to have in her possession on arrival of (i) a suitable wardrobe of clothes which mustinclude a minimum of one full length designer evening dress, a smart daywear suit or

dress and an elegant dress or suit and a swimsuit or bikini with beach accessories to givea complete beachwear look together with clothes adequate and suitable for travelling andday-to-day wear in the country of the Designated Venue for the Period of the Contest and(ii) a gift typifying the National Area which will be used to raise money for deprived andhandicapped children internationally. (In conjunction with the Licensee, it may be possibleto have a substantial gift donated if it is pointed out to the donor the charitable aspect ofthe gift);

k) throughout the Competition Period to conduct herself properly and not commit any act ofan illegal or immoral nature or any act which will bring discredit on herself or which will beharmful to the image of the Miss World Contest or will bring into disrepute The MissWorld Contest The Miss World title, Miss World Limited or the Licensee;

l) to comply willingly at all times during the Period of the Contest with the directions, advice

and counsel of Miss World Limited as to her conduct and well-being;m) to participate in all rehearsals during the Period of Contest;n) to stay with Miss World Limited’s official party of contestants at all times during the Period

of the Miss World Contest and not otherwise leave the hotel at which accommodation hasbeen provided;

o) not to accept private engagements during the Period of the Contest;p) to permit Miss World Limited to take and/or use photographs and other material

concerning the Winner for the purposes of The Miss World Contest and related publicity,whether or not during the Period of the Contest;

q) to appear on radio, television, internet, or film and give interviews and have photographstaken of her for press or magazines or other media coverage if so requested by MissWorld Limited for the purposes of The Miss World Contest and related publicity;

r) generally to co-operate at all times during the Period of the Contest with Miss WorldLimited to ensure the smooth running of The Miss World Contest and to use her bestendeavours to win the Miss World Contest within its rules and to promote the Miss WorldContest in a positive manner;

s) not to take photographs or video during the Period of the Miss World Contest except withthe prior written agreement of Miss World Limited. Under no circumstances shallphotographs or video recordings be sold or passed on to the media;

t) not to keep public internet blogs or social networking sites updated (including the postingof any photographs) about The Miss World Contest without the prior written agreementfrom Miss World Limited.

u) unless elected Miss World Runner-up or Continental Queen of Beauty or other TitleHolder or with the express permission of Miss World Limited the Licensee and theWinner’s parents or legal guardians first obtained to return to her place of embarkationthe day following the holding of The Miss World Contest final;




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v) if she is elected Miss World or Runner-up or a Continental Queen of Beauty or other TitleHolder or other Runner-up the Winner shall not at any time thereafter commerciallyexploit or aid the commercial exploitation of her Miss World title in any way whatsoeverexcept exclusively through and with the sole agreement of Miss World Limited and incompliance with the terms and conditions of the Miss World Contract;

w) throughout the Competition Period and if elected Miss World or Runner-up or aContinental Queen of Beauty or as any other Title Holder during the year of Office or anyOption Year (if granted) to reasonably maintain her weight hairstyle and colour and allfeatures of her physical appearance and to keep in top physical and mental condition;and

x) that she shall be responsible for payment of all personal expenses incurred by her duringthe Period of the Contest, including without limitation, payment of all telephone callsmade by her.

2. Miss World Limited undertakes:a) to use all reasonable endeavours to promote organise and conduct The Miss World

Contest during the Year of the Contest;b) to meet the Winner on her arrival at the commencement of the Period of the Contest

c) to provide the Winner with suitable accommodation and meals during the Period of theContest;d) to provide the Winner equally with all other contestants with transport on location to

enable her to fulfil Miss World Limited’s itinerary for the contestants during the Period ofthe Contest including rehearsals appearances and the final of The Miss World Contest;

e) generally to direct advise and counsel the Winner as to her conduct and well-being duringthe Period of the Contest and equally with all other contestants to supervise her activitiesand assist her in the Miss World Contest throughout the Period of the Contest; and

f) to provide transport to her place of departure at the Designated Venue for her return toher place of embarkation at the conclusion of the Period of the Contest.

PART III

Judging of The Miss World Contest

12. The Winner and the Licensee hereby severally acknowledge the rules for the judging ofThe Miss World Contest as set out in Schedule C below and hereby agree irrevocably tobe bound by them and the decisions made under them.

Schedule C – (Judging of The Miss World Contest)

a) Miss World is a unique contest in that it is not simply a beauty competition. Contestantsmust have a good figure with beauty of face, charm, deportment, good personality andambassadorial qualities, as these attributes are expected of a young lady who, if she

wins the Miss World title, is expected to travel the world as a glamorous personality ofstar quality. Of equal importance, however, is the discipline in her conduct, both publiclyand privately, and her determination to make the most of the talent she possesses. Inother words, the judges will be looking for a young lady who will be an example to youngpeople, not only in making the best of her physical attributes, but also her talent, for thisis the ingredient on which she will rely for her progress at the conclusion of her Year ofOffice.

b) Talent can manifest itself and be applied in a variety of ways. The more popularapplication relates to show business, music, sports and in activities of this nature, but thetalent relating to education, the arts and ability to become a member of a profession suchas a doctor, lawyer or architect or to obtain any other qualification is of equal merit. Manycontestants in The Miss World Contest have already discovered their talent and theirYear of Office is simply a sabbatical to see the world before going on to higher education




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or business, and wish to use the money they receive to help them become betterlawyers, doctors or other professional people. The history of The Miss World Contestreveals many such cases, as indeed it reveals examples of young ladies who have beensuccessful in using the title as a springboard to success in the entertainment industry.

c) The judges will pay equal attention to each contestant’s aptitude for making the most ofthe talent they posses, and their attitude towards developing that talent.

d) Although the judges will give equal importance in their markings to physical and otherpersonal attributes and talent, it must be emphasised that these are not intelligence tests.The judges will be trying to assess each contestant’s determination to use whateverability she may have to further either her own career or to help others to do so. In otherwords Miss World should be an example to all young people, both in conduct anddetermination, to make a success of her life.

e) Contestants will have the option to take part in a series of fast track events – Miss WorldTop Model, Miss World Talent, Miss World Beach Beauty, Beauty with a Purpose and

Miss World Sportswoman. The winner of each fast track event will qualify for the MissWorld Semi Final. In assessing the contestant, the judges may take in to theperformances of each contestant in the Fast Track events.

f) Contestants in The Miss World Contest for the Year of the Contest may be required towear beachwear or clothes provided by Miss World Limited. Contestants may not wearany other form of clothing unless agreed or requested by Miss World Limited and MissWorld Limited shall have absolute discretion in banning any clothes or beachwear if itconsiders it unsuitable for the Miss World image. Miss World Limited reserves the right tosubstitute other leisure wear for beachwear, and other apparel for evening dress.

g) Miss World Limited will alone decide the composition of a panel of judges and the form

the judging will take. Miss World Limited in particular reserves the right to introduce aform of judging over the internet or telephone.

PART IV

Obligations upon the Parties if the Winner is elected or promoted as Miss World, aRunner-up or Continental Queen of Beauty

13. The Winner hereby undertakes that if she is elected Miss World for the Year of theContest or Runner-up to Miss World or a Continental Queen of Beauty or any other TitleHolder, including Fast Track winners, as a result of The Miss World Contest she will carryout the respective obligations on her part as set out in this Agreement and as set out in

Schedule D below and the Winner shall enter into The Miss World Contract withMiss World Limited.

14. The Licensee warrants that it has explained the provisions of Schedule D to the Winner(and if necessary the Winner’s parents or legal guardians) and undertakes that if theWinner is elected or promoted as Miss World or as a Runner-up or as a ContinentalQueen of Beauty or as any other Title Holder as the result of The Miss World Contest itwill use its best endeavours to ensure that the Winner carries out her obligationshereunder.

15. Miss World Limited undertakes to carry out the obligations on its part set out in ScheduleD.




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Schedule D – (Terms and Conditions if the Winner is elected Miss World or a Runner-up or a Continental Queen of Beauty at The Miss World Contest)

If the Winner is elected Miss World or a Runner-Up or as any other Title Holder at the MissWorld Contest, the Winner agrees to and shall enter into the Miss World Contract on thefollowing terms and conditions:

Exclusive representation

a) The Winner shall enter into an exclusive management, representation and agencyagreement with Miss World Limited for an initial term of one year from the date of herelection as Miss World. The initial term is extendable at Miss World Limited’s option forthe Option Years (the Term). The Winner shall enter into the initial agreement and anyoption period chosen by Miss World Limited

b) The Winner shall grant to Miss World Limited for the Term the exclusive worldwide rightto use and exploit the Winner’s name and likeness and voice in any way, whether in

advertising or otherwise for such periods and on any terms as Miss World Limited shallagree with such third party without any payment to the Winner other than as provided forin this Agreement.

c) The Winner shall appoint Miss World Limited as the Winner’s exclusive manager,representative and agent throughout the world for the Term.

d) Miss World Limited may assign its rights or sub-licence or sub-contract any of its rights orobligations under the Miss World Contract to any third party, either in whole or in part andmay otherwise authorise third parties to exercise the rights granted to Miss World Limitedunder the Miss World Contract.

Obligations on the Winner

e) The Winner’s obligations shall include:

(i) Making herself available to Miss World Limited and third parties at suchreasonable times and places throughout the world and for such reasonableperiods as Miss World Limited shall determine for any advertising promotionalendorsement or publicity activities desired by any such parties.

(ii) Assisting Miss World Limited to advertise and promote the Miss World Contestand Miss World brand.

(iii) Participating in appearances, fashion shows, autographing, meeting andconversing with public customers and employees of third parties and giving talksand interviews.

(iv) Appearing and posing as a fashion model and as a photographic model includingappearances as Miss World.

(v) Participating in all forms of entertainment including without limitation live and pre-recorded radio and television broadcasts, internet, making mechanical recordings,cinematography film, video recordings, and other sound and motion picturerecordings.

(vi) Participation in all forms of financial exploitation of the reputation of Miss Worldand of the Miss World title and contest.




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(vii) Keeping Miss World Limited informed of her whereabouts, contact telephone

number and contact email address.

(viii) Using her best endeavours to attain and maintain such a state of health as willenable her to render services under this Agreement as effectively as possible.

(ix) Performing her obligations conscientiously and in a competent manner and to thefull limit of her skill and willingly co-operate with such persons as Miss World mayrequire.

(x) Not without Miss World Limited’s prior consent voluntarily engaging in anyhazardous pursuit nor take any risk the taking of which might interfere with theWinner’s services under this Agreement.

(xi) Not doing anything that in the sole opinion of Miss World Limited might bring MissWorld Limited into disrepute or damage the reputation of Miss World Limited, Miss

World Contest or Miss World title.

(xii) Not without Miss World Limited’s prior written consent participate in or make apublic appearance at any beauty contest. The provisions of this clause shallcontinue to apply for two years post termination of the Miss World Contract.

f) The Winner shall during the Term work such hours as are necessary or appropriate fromtime to time to carry out her obligations properly and effectively with no allowance oradditional fee for overtime. During the hours she is required to work, she shall devote herwhole time and attention to the performance of her obligations and may be required towork on weekends and public holidays.

g) The Winner shall be entitled to a minimum of 30 days rest during any one calendar yearof the Miss World Contract on which she shall not be required to perform services forMiss World Limited in accordance with that agreement as may be agreed from time totime with Miss World Limited.

h) Unless otherwise mutually agreed, a designated representative of Miss World Limitedshall accompany the Winner during her engagements as Miss World.

i) The Winner shall not be required to nor shall she participate in any entertainment,promotion or photography or other activity which could reasonably be regarded asoffensive indecent or immoral and she shall in particular not be required to and shall notpose for nude photographs.

Exclusivity

j) The Winner shall not during the Term:(i) perform for any third party any services similar to her obligations to Miss World

Limited under the Miss World Contract or engage on her own behalf in anyactivities similar to those described under paragraph b) and e) above.

(ii) undertake any obligations which might interfere with the proper performance byher of her obligations under the Miss World Contract.

(iii) except pursuant to the Miss World Contract, permit the use of her name likenessor voice by any third party whether for promotional purposes or otherwise.




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(iv) except pursuant to the Miss World Contract, appoint any third party as manager,representative or agent or otherwise grant to any third party any rights ofmanagement or representation in respect of any activities to be undertaken by heror in respect of the exploitation of her name or reputation or of the Miss World titleor contest.

(v) without the prior written consent of Miss World Limited, publish or permit thepublication of (in any form including on the internet) any book, article, photographor other material written by or relating to her.

(vi) except where authorised by Miss World Limited shall not allow or be a party to thewriting of any book or article relating to her Year of Office as Miss World withoutthe permission and agreement of Miss World Limited and subject to terms andconditions negotiated by Miss World Limited who will be her sole agent in suchmatters for a period of three years from the date on which the Winner relinquishesthe title and she acknowledges that the copyright in any such book or article shallbe the copyright of Miss World Limited.

(vii) without the prior written consent of Miss World Limited, give any interviews orpress conferences whatsoever, nor without such consent shall she give anyinterviews or press conferences relating to her term of office as Miss World orinvolvement in the Miss World Contest before the expiry of a period of three yearsfrom the termination of the Miss World Contract.

Engagements

k) Miss World Limited shall use its reasonable endeavours to promote the Winner during theTerm.

l) Miss World Limited shall use its reasonable endeavours to negotiate contracts, licencesand other arrangements in connection with the exploitation of the Winner’s name,likeness and voice during the Term, it being understood that Miss World Limited isauthorised by the Winner to execute all agreements in her name and on her behalf.Where practicable, Miss World Limited shall discuss the terms of any agreement with theWinner prior to execution.

m) All engagements and other activities to be undertaken by the Winner pursuant to the MissWorld Contract shall be negotiated and arranged by Miss World Limited or its agents andthe Winner shall not without the prior written consent of Miss World Limited undertake oragree to undertake any such engagements or other activities for third parties and shall

refer to Miss World Limited all enquiries which she may receive or otherwise haveknowledge of relating to any such actual or prospective engagements or activities.

n) The Winner shall comply with the terms of all engagements made for her by Miss WorldLimited or its agents unless prevented by sickness or injury in which event Miss WorldLimited shall at its own expense arrange for independent medical opinion in order toascertain the estimated duration of her sickness or other incapacity. The Winner herebyconsents to submit to medical examinations and agrees to the disclosure of the results toMiss World Limited.




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Warranties

o) The Winner warrants to Miss World Limited:(i) that all statements made by her in the Official Entry Form were true when made

and would, if repeated on the date of the Miss World Contract, be true and thatshe is not in breach of any of the terms of the Official Entry Form.

(ii) that she has never permitted any offensive, indecent, immoral or nude or seminude photographs of her to be taken.

(iii) that she is entitled to enter into the Miss World Contract, has no outstandingagreement of any sort with any third party and has not otherwise made anyarrangement oral or written on similar terms with any third party which mightprevent or interfere with the performance by her or her obligations under the MissWorld Contract.

(iv) that she in particular confirms that in accordance with Schedule A of the OfficialEntry Form she understands that during the Term she appoints Miss WorldLimited as her exclusive representative.

(v) that she agrees not to retain the services of any other agent, representative orpromoter during the Term. She warrants that she will refer all offers for herservices to Miss World Limited.

Copyright and intellectual property rights

p) As between Miss World Limited and the Winner the entire worldwide copyright, including

without limitation all related rights, rental and lending rights and cable retransmissionrights, in all photographs and other likenesses and in all mechanical recordings andcinematographic film and other sound and motion picture recordings made pursuanthereto and all intellectual property rights in all products of the Winner’s servicehereunder, including, without limitation, all performances and literary, dramatic, artisticand musical material contributed (the Products) shall vest in and be the property of MissWorld Limited for the full period of copyright, including all renewals, revivals, reversionsand extensions thereof.

q) The Winner hereby irrevocably grants to Miss World Limited throughout the world allconsents under PART II of the Copyright Designs and Patent Act 1988 (“CDPA”) (rightsin performances) and all similar consents necessary under similar laws of any jurisdictionto enable Miss World Limited to make the fullest use of the Products.

r) The Winner recognises that Miss World Limited has the unlimited right to edit, copy, alter,add to, take from, adapt and/or translate the products and, with regard to the Products,hereby irrevocably and unconditionally waives the benefits of any provision of law knownas “moral rights” (including without limitation any rights of the Winner under Sections 77to 85 inclusive of the CDPA) or any similar laws of any jurisdiction.

s) The Winner shall do all such acts and execute such documents as Miss World Limitedmay reasonably require to vest in or confirm to Miss World Limited or its successors intitle and licensees the copyright and all other rights assigned or granted or purported to

be assigned or granted by the Winner to Miss World Limited under the Miss WorldContract.




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t) The Winner acknowledges and agrees that the name and title Miss World or any titlescontaining the words “Miss World” are the exclusive property of Miss World Limited andthat she will not do anything which might adversely affect Miss World Limited’s propertytherein and continued enjoyment thereof.

u) As between Miss World Limited and the Winner, Miss World Limited shall be exclusivelyentitled to the benefit of all agreements with third parties entered into during the Termrelating to the provision of her services or to other exploitation of the kind describedunder paragraph e) above.

Remuneration

v) For the purposes of remuneration under the Miss World Contract:(i) Net Fees shall mean all payments received by Miss World Limited from all

contracts, licences and arrangements for the Winner’s services, including withoutlimitation the exploitation of performances, appearances, recordings,endorsements or the commercial exploitation in any other form of the Winner,

carried out pursuant to the Miss World Contract during the Term anywhere in theworld after deduction of any withholding tax, value added tax, sales tax, sub-agency fees and any other reasonable costs and expenses incurred by the MissWorld Limited in connection with such exploitation; and

(ii) Minimum Fee shall mean a minimum annual fee of $100,000 (one hundredthousand US dollars).

w) In the first year of the Miss World Contract, subject always to satisfactory performance bythe Winner of her obligations and provided that she has not relinquished her title or hadher title revoked for any reason, Miss World Limited shall pay the Winner the MinimumFee. Of that fee, $15,000 shall be paid to the Winner as prize money within 7 days of

signature of the Miss World Contract. Of that fee, a further $60,000 shall be paid to theWinner as a minimum fee for performing the obligations outlined in the Miss WorldContract in twelve monthly instalments of $5,000 at the end of each calendar monthcommencing on 31 December in the Year of the Contest. The remaining balance of$25,000 shall be paid within thirty days of 31 December in the year following the Year ofthe Contest provided that the Winner has performed her obligations under the Miss WorldContract satisfactorily and has not relinquished the title or had her title revoked for anyreason and is not in breach of the Miss World Contract.

x) Remuneration in the Option Years, if exercised, shall be on the following terms:

(i) If the Option Years are exercised, Miss World Limited shall, during any suchextended term, pay the Winner the annual Net Fees less 35% (thirty five per cent)which Miss World Limited shall retain as its agency and management fee and lessthe Minimum Fee. Any payment payable under this clause shall be paid to theWinner within thirty days of 31 December in the relevant Option Year; and

(ii) Miss World Limited shall pay the Winner the Minimum Fee in each of the OptionYears by way of an advance against any fees payable under paragraph (x)(i)above. Of the Minimum Fee, $75,000 shall be paid to the Winner in twelvemonthly instalments of $6,250 at the end of each calendar month in the relevantOption Year. The balance of $25,000 of the Minimum Fee shall be paid to theWinner within thirty days of 31 December the relevant Option Year.




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y) In the event that the Winner does not fulfil an engagement arranged by Miss WorldLimited under the terms of the Miss World Contract, $5000 shall be deducted from anyfees due to her if she completely misses the engagement and $750 shall be deducted ifshe is more than thirty minutes late. Such deductions shall not be applied incircumstances where the Winner was prevented from fulfilling an engagement bysickness or injury or other circumstances completely beyond her control.

z) For the avoidance of all doubt the fees set out above are in full and final settlement for allrights granted to Miss World Limited which shall include any and all residuals, repeats,re-runs, foreign use, exploitation or other fees and payments.

Clothing

aa) The Winner shall maintain a clean and tidy appearance when performing her obligationthe Miss World Contract and when travelling or otherwise appearing in public whether ornot in connection with the performance of such obligations and shall at all times wearclothes of style appropriate to the holder of the Miss World title and without prejudice to

the generality of the foregoing she shall not at such times wear slacks, jeans shorts orsimilar casual clothing without prior written consent of Miss World Limited.

bb) The Winner shall at her own expense provide herself with an adequate wardrobe ofclothes suitable for the proper performance of her obligations hereunder. Miss WorldLimited will however use its reasonable endeavours to help her by trying to arrangespecial discounts or in some instances arrange for the provision of clothing andaccessories in return for product endorsement.

cc) The Winner is prohibited during the Term from allowing herself to be photographed or inany way being associated with any product which conflicts with the interest of the MissWorld Sponsor or any associate sponsor.

dd) Miss World agrees to maintain her weight, hairstyle and colour and all other features ofher physiognomy and physical appearance as Miss World Limited may reasonablyrequest.

Expenses and accommodation

ee) Unless agreed otherwise the Winner will live, at Miss World Limited’s discretion, inLondon, England or at home. Miss World Limited will pay necessary travel expenses inconnection with performance by her of her duties under the Miss World Contractincluding the cost of the return journey after each trip to her London address or to herhome address where it has been mutually agreed between the Winner and Miss World

Limited she should return pending further engagements.

ff) Upon the expiration of the Miss World Contract, Miss World Limited shall pay theWinner’s travelling expenses back to her home town only if such travel is required andundertaken within seven days of the expiry of the Miss World Contract.

gg) Except as herein otherwise provided, the Winner shall bear the cost of all personalexpenses incurred by her during the currency of the Miss World Contract and inparticular, she shall bear the cost of all private telephone calls made by her whether ornot they are made whilst she is travelling in performance of her obligations under theMiss World Contract.




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hh) Whilst the Winner is travelling in performance of her obligations under the Miss WorldContract, Miss World Limited shall provide hotel accommodation or equivalent andnormal food and subsistence, excluding alcoholic beverages.

Termination

ii) If at any time during the Term the Winner:(i) shall be guilty of serious misconduct or commit a material breach of terms of the

Miss World Contract or wilfully or persistently neglects to perform or proves to beincapable of performing her obligations under the Miss World Contract or commitan illegal or immoral act or conducts herself in such manner that in the opinion ofMiss World Limited shall bring or tend to bring herself or the Miss World title intodisrepute, ridicule or contempt;

(ii) shall become bankrupt or compound with her creditors or suffer execution againsther effects or have a receiving order made against her;

(iii) shall commit any act of fraud or dishonesty whether or not connected with theMiss World Contract;

(iv) shall forfeit the title of Miss World pursuant to the terms of the Official Entry Form;or

(v) has made any misrepresentation in connection with her entry into the Miss WorldContest or her election as Miss World;

then Miss World Limited may at any time and without prejudice to any rights or claims itmay have against her by notice in writing terminate the Miss World Contract forthwith andupon such termination the Winner shall not be entitled to any compensation or damages

and shall return to Miss World Limited all prize money which she may have received.

jj) If the Winner shall be by reason of sickness, injury or other incapacity become unable, inthe reasonable opinion of Miss World Limited, to carry out her obligations hereunder byany cause beyond her control Miss World Limited shall have the right to terminate theMiss World Contract by not less than one month’s notice in writing to her.

kk) Miss World Limited shall have the right to terminate the Miss World Contract withoutcause on expiry of the first year of the Miss World Contract or at any later date. MissWorld Limited shall give the Winner a minimum of one month’s written notice of itsintention to terminate.

ll) On termination of the Miss World Contract, neither party shall have any furtherobligations hereunder except those which expressly survive termination of the Miss WorldContract.

Infringement proceedings

mm) Miss World Limited shall, at its expense, be entitled in its own name or in thename of the Winner to take whatever action it shall in its discretion consider desirableincluding the commencement of legal proceedings against any person, firm orcorporation which without the prior written consent of Miss World Limited uses orattempts to use the Winner’s name likeness and/or voice for any purposes whatsoever

and the Winner shall do all such things and join in all such acts as Miss World Limitedshall reasonably require to enable Miss World Limited to take any such action.




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General

nn) The failure of Miss World Limited to exercise or any delay of Miss World Limited inexercising any of its rights, powers or privileges hereunder shall not operate as a waiverof those or any other rights, powers or privileges nor shall any single or partial exercise ofany rights, power or privileges preclude any further or other exercise thereof or theexercise of any right, power or privilege and the rights and remedies of Miss WorldLimited herein provided shall be cumulative and not exclusive of any rights or remediesprovided by.

oo) A person who is not a party to this Agreement shall not have any rights under or inconnection with it.

pp) The Miss World Contract shall in no way be construed as creating an employmentrelationship between the parties and shall instead constitute a contract to provideservices.

qq) The Miss World Contract sets out the entire agreement between the parties at the datehereof relating to the Winner’s services and supersedes any prior agreements orarrangements (whether oral or in writing) between the parties in relation to its subjectmatter, except in respect of any fraudulent misrepresentation made by either party.

rr) No variation of the Miss World Contract shall be effective unless it is in writing and signedby the Winner and Miss World Limited.

ss) If any court or competent authority finds that any provision of the Miss World Contract (orpart of any provision) is invalid, illegal or unenforceable, that provision or part-provisionshall, to the extent required, be deemed to be deleted, and the validity and enforceabilityof the other provisions of this agreement shall not be affected.

tt) The Miss World Contract and any dispute or claim arising out of or in connection with it orits subject matter or formation (including non-contractual disputes or claims) shall begoverned by and construed in accordance with the law of England and Wales.

uu) The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with thisagreement or its subject matter or formation (including non-contractual disputes orclaims).

Miscellaneous

vv) The Winner acknowledges that having been shown the exclusive Miss WorldContract it is her obligation prior to entry to seek whatever advice she feels appropriateand that if she then acknowledges that she has seen and understands the contract andsubsequently refuses to sign the Miss World Contract following her election Miss WorldLimited may at its absolute discretion take any of the following actions:

(i) require her to work in accordance with the terms of the Miss World Contractwithout further variation; and/or

(ii) remove from her the Miss World title without payment and prize money andwithout the benefit of The Miss World Contract and award it to a Runner-up orContinental Queen of Beauty together with all the benefits set out in the MissWorld Contract.




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qq) If the Winner is elected as a Runner-up or a Continental Queen of Beauty or as any otherTitle Holder she shall be prepared to stay in or travel to Miss World Limited’s jurisdictionor to remain at the Designated Venue for a period of up to twenty eight days (28) asrequested by Miss World Limited following the date of the Miss World Contest and ifduring that period Miss World Limited requests that she enter into an exclusiveagreement to carry out engagements or personal appearances and advertising andsponsorship endorsements (or engagements of a similar nature to those shown in theMiss World Contract) a copy of which has been shown to her prior to entry and as set outin Schedule B paragraphs (b) to (d) in the United Kingdom and (with the Winner’sconsent) elsewhere upon such occasions during the Year of Office as Miss World Limitedshall procure such engagements for and upon such reasonable terms as Miss WorldLimited shall offer PROVIDED THAT under this arrangement the Winner shall not berequired without her consent to fulfil engagements involving her attendance for more than200 working days in aggregate during the Year of Office and PROVIDED FURTHERTHAT in the procuration of such engagements as aforesaid and in the terms of hercontract it offered both as to remuneration and otherwise Miss World Limited will haveregard to the best interests of the Winner.

rr) If elected Miss World and so requested by Miss World Limited the Winner will attend TheMiss World Contest for the year following the Year of the Contest (including connectedrehearsals and ceremonies if so requested) and will crown Miss World for that year.

ss) If the Winner is selected as a top ten finalist in The Miss World Contest she shall makeherself available for up to three days following the election of Miss World to participate inany promotional activities as may be required by Miss World Limited. If the Winner isrequired to participate in a winner’s tour beyond the three days following the election ofMiss World, Miss World Limited shall pay that Winner US $250 per day for each day sheis required by Miss World Limited thereafter.

PART V

Special ProvisionIntellectual property rights

16. All Intellectual Property Rights subsisting in the Miss World Contest, the Mark, the Logo,the Continental Queen of Beauty title and any other intellectual property rights owned byMiss World Limited shall at all times remain the exclusive property of Miss World Limited.

17. The Licensee and the Winner, jointly and severally, agree that they shall not use anyIntellectual Property Rights belonging to Miss World Limited, including without limitationthe Mark and the Logo, except as permitted under this Agreement or as expresslyauthorised in writing beforehand by Miss World Limited. Miss World Limited maywithhold such authorisation at its absolute discretion.

18. In the event that the Winner breaches any of the terms of this Agreement, Miss WorldLimited shall have the right, on giving 7 days notice, to dismiss the Winner and strip herof the Miss World title and to elect a Runner-Up as Miss World in her place. Withimmediate effect as of the time of receipt of such notice, the Winner shall cease and shallnot in future use the Miss World title or the Mark for any purpose and shall not otherwiserefer to herself as “Miss World” or as “Former Miss World”, whether or not in conjunctionwith any other words.




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19. Miss World Limited reserves its unfettered right and discretion at all times to do any of thefollowing things provided that in exercising any such right or discretion it shall not act withbias for or against any contestant but in the best interest (as to which Miss World Limitedis the sole judge) of The Miss World Contest as a whole and the reputation of the MissWorld Title and title-holders including future contests and future title-holders:

a) to withdraw the Winner from The Miss World Contest at any stage on the groundsthat she has committed a breach of any undertakings or warranty on her part hereincontained or has committed an illegal or immoral act or acted in a manner which isharmful to the image of the Miss World Contest or which is calculated in the view of MissWorld Limited at its sole discretion to bring herself and/or The Miss World Contest and/orthe Miss World Title and/or the Licensee and/or Promoter into disrepute.

b) for reasons beyond its reasonable control Miss World Limited may cancel orpostpone or bring forward any provisional date for The Miss World Contest or change theDesignated Venue or change the manner in which The Miss World Contest hastraditionally been held in the past.

c) in the case of any dispute following the election of Miss World the Runners-up, theContinental Queens of Beauty and any other Title Holder Miss World Limited maywithhold any award of the title or prize until the dispute is settled and may thereupon in itsabsolute discretion award such title and/or prize to any Runner-up or contestant as thecase may be.

d) to waive or modify any condition or undertaking contained in this Agreement on thepart of the Winner or the Licensee as in its sole discretion appears to Miss World Limitedin any special circumstances to be conducive to the successful running of The MissWorld Contest without giving the Winner any advantage over any other contestant.

20. Miss World Limited shall not be liable under any circumstances for any loss or damagesustained by the Winner or Licensee as the result of or arising out of the exercise by MissWorld Limited of any right or discretion or in respect to any act or decision made by MissWorld Limited referred to in clause 17 above as shall appear to Miss World Limited (in itssole discretion) to be conducive to the successful running of The Miss World Contest. Norshall Miss World Limited be liable to the Winner or the Licensee for any of the followingevents whether or not any shall occur through the negligence or fault of the Winnerand/or the Licensee and whether or not caused by reason beyond the control of theWinner and/or the Licensee namely:

a) the non-fulfilment of or part fulfilment of any of the undertakings given by theWinner or the Licensee;

b) the non-arrival or delayed arrival of the Winner on the proposed date orchanged date of The Miss World Contest;c) illness or other incapacity sustained by the Winner up to and during thePeriod of the Contest; ord) loss or damage to any of the Winner’s possessions during the Period of theContest.

21. If the Winner is elected Miss World or a Runner-up or a Continental Queen of Beauty orelected to another title and during the Year of Office either:

a) commits a breach of this Agreement or fails to carry out any of her obligationshereunder (including the obligations set out in Schedule D); orb) commits an illegal or immoral act or conducts herself in such manner which inthe opinion of Miss World Limited is harmful to the image of the Contest or which in




the opinion of Miss World Limited brings or tends to bring herself or the Miss Worldtitle or The Miss World Contest or Miss World Limited into disrepute, ridicule orcontempt;

Miss World Limited may declare her title as Miss World, Runner-up or Continental Queen ofbeauty or any title awarded during the show (as the case may be) forfeit and upon suchdeclaration the Winner shall forthwith cease to use such title for all purposes whatsoever.Such forfeiture is without prejudice to any rights of Miss World Limited herein contained or asmay be set out in the Miss World Contract.

Governing law and jurisdiction22. This Agreement shall be governed by and construed in accordance with the laws of

England. If this Agreement or any part of it is translated or reproduced in any languageother than English, the English version shall prevail over any translation or reproduction.

23. If any dispute arises out of or in connection with this Agreement, the parties will negotiatein a good faith effort to resolve the dispute before commencing court proceedings.

24. The parties irrevocably agree to submit to the exclusive jurisdiction of the English Courtsin relation to any dispute that arises out of or in connection with this Agreement.

Miss World 2013 Official Entry

Documents

Transcript of Miss World 2013 Official Entry