1. DESCRIPTION: The “Ford Models – ‘Next Fresh Face’ Contest” (“Contest") is a photo submission contest administered through the online networking community MySpace. You must be a MySpace member in order to participate in the Contest or win a prize. Membership on MySpace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an account. The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 100 E. Pine Street, Suite 201, Orlando, Florida 32801. The sponsor of this Contest is Ford Models, Inc. ("Sponsor”), 111 5th Avenue, 9th Floor, NY, NY 10003. The host of the contest is MySpace, Inc. (“MySpace” or “Host”) 407 North Maple Drive, Beverly Hills, CA 90210. The presenting sponsor of this contest is CIBA VISION Corporation (“Presenting Sponsor”), 11460 Johns Creek Parkway, Duluth, GA 30097. The Contest will flow as follows:
2. ELIGIBILITY: Contest is open only to FEMALE (by birth) residents of the 48 contiguous United States and Washington D.C., who are at least 16 years of age (“Entrant”) at time of entry. Eligible entrants who are under the legal age of majority in their state of residence (“Minor”) should get their parent or legal guardian’s permission to enter. A Minor entrant will be required to prove parental consent in the form of an Affidavit of Liability before she can be declared a Finalist and any prize can be awarded. Selected finalists must be available to travel to the test shoot on the dates selected by the Contest Entities. Each Entrant must have Internet access as of May 10, 2009. All Entrants must be registered members of MySpace and in compliance with MySpace’s Terms of Use located at http://www.myspace.com/index.cfm?fuseaction=misc.terms, which may be modified from time to time. Each Entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the Entrant's MySpace account as of May 11, 2009. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, MySpace, Administrator and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, the “Contest Entities”), together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Contest void in Alaska, Hawaii Puerto Rico, all U.S. territories/possessions and where prohibited.
3. HOW TO ENTER: Entrants must visit the Contest web site during the Submission Period by logging in to their MySpace profile and logging on to http://www.myspace.com/fordmodels (“Website”) then follow the prompts to “Friend” the Website. Entrants must then click on the “Submit” link posted on the Website and complete the entry process as directed. Entry will not be complete until Entrant has followed the onscreen prompts to honestly and accurately complete the following fields on the entry form: First name, last name, email address, physical address, telephone, date of birth, parent/guardian name, parent/guardian phone, parent/guardian email, MySpace profile URL. Entrant will also be required to provide the following body measurements and details: height, weight, dress, chest/cup, hips, waist, shoe, eye color, hair color. Entrant must also follow the onscreen instructions to submit one (1) headshot and one (1) full body shot (“Submission” or “Photo”). Submitted Photos must appear on the Entrant’s personal MySpace profile page in addition to being uploaded as a Contest Submission. Submissions must be received by Monday, June 1, 2009 at 11:59 am PT. Limited to one (1) entry per person for the duration of the Contest. Limit one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts to upload the Photo and affirmatively accepted the Official Rules.
Submission Requirements
The Submission must meet the following content restrictions:
- Photo must be of the ENTRANT ONLY (no group photos)
- Photos must NOT include 3rd party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture
- Photo must have been taken within the past 12 calendar months
- Photo must NOT be retouched or altered; it must be an accurate photo representation of the Entrant
- Photo and photo rights must be owned by the Entrant. In the event that a professional Photo (headshot) is submitted, the Entrant must be able to provide all appropriate clearances, permissions and releases for the Submission, upon request by the Contest Entities
- Photo must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or material that contains any derogatory references to any Contest Entities;
- Photo must NOT have been previously submitted to another Contest or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion
Entrants who submit Submissions which violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void at the Contest Entities’ sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Website’s Terms of Use. Entrants are strongly cautioned to be as accurate as possible when providing information about height and weight, as incorrect information may result in disqualification. Incomplete or unintelligible entries will be disqualified. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant’s participation in the Contest.
5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Entrant in connection with the Contest; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”) included in and/or submitted by Entrant in connection with the Contest), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Material may be posted on the Website in connection with Contest. Entrant agrees that the Contest Entities have no obligation to post a Submission or any Material on the Website. Each Entrant authorizes the Contest Entities to utilize, for eternity and in any manner they see fit, the Submission provided to Contest Entities, and to make derivative works from such materials solely in connection with the Contest (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Contest Official Rules, the Contest Entities will not share an Entrant’s information with any third parties.
6. CONTEST JUDGING: Submissions will be judged by a panel of judges selected by Contest Entities (“Judging Panel”). All decisions of the Judging Panel are final on all aspects of the Contest. Submissions will be scored based on the following criteria:
1. Photogenic Appeal: 25%
2. Facial Structure/Unique Attributes: 25%
3. Commercial Appeal: 25%
4. Match with the current modeling and fashion industry “look”: 25%
7. SEMI-FINALIST & FINALIST NOTIFICATION: Semi-Finalist: On or about Monday, June 8, 2009, a minimum of eight (8) Semi-Finalists, as selected by the Judging Panel, will be notified by the Sponsor via telephone, email and/or overnight mail and will be required to respond (as directed) to the notification attempt within forty-eight (48) hours (or a shorter time if required by exigencies). If the Semi-Finalist is a minor, all correspondence will be directed to the parent or legal guardian of such minor. Sponsor reserves the right to contact more than eight (8) Semi-Finalists in their sole discretion. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Contest Entities may select an alternate Semi-Finalist according to the judging results. Semi-Finalists will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Contest Entities (the “Semi-Finalist Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Semi-Finalists can NOT proceed in the Contest until all such properly executed Semi-Finalist Documents are returned. Finalist: On or about June 22, 2009, a minimum of five (5) Semi-Finalists (each a “Finalist”) will be selected from amongst all eligible Semi-Finalists. Sponsor reserves the right to select more than five (5) Finalists, in their sole discretion. Each potential Finalist, as determined by the Judging Panel, will be notified by telephone, email and/or overnight mail and will be required to respond as directed to the notification attempt. Finalists must be available to travel to the test shoot on the dates selected by the Contest Entities (tentatively scheduled to take place between the dates of June 22 – June 30, 2009). In the event that a Finalist is unable to travel on the specified dates, the Contest Entities reserve the right to select an alternate Finalist based on the Judging criteria. Guests of the Finalist must be at least 18 years of age and not a minor in her state of residence. In the event that a Finalist is a Minor, a parent or legal guardian will be required to accompany the Minor.
8. FINALIST PRIZE (minimum 5): Each Finalist will receive: one (1) 3 day/2 night trip for two (2) people to New York, NY for a test photo shoot. The trip will consist of the following: (a.) round-trip coach air transportation for two (2) people from the major airport nearest Finalist's residence to New York, NY, (b.) two (2) nights standard hotel accommodations for Finalist and guest at a hotel selected by Contest Entities (one room; double occupancy and room tax only), (c.) one (1) test photo shoot at a day and time scheduled by the Contest Entities; (d.) video production of a :15 second CIBA VISION promotional spot, to be showcased on MySpace. Total Finalist Prize approximate retail value (“ARV”): $5,000. GRAND PRIZE (1): one (1) grand prize winner will receive an exclusive (as to all rights) agreement for model representation by Ford Models, Inc. (EARNINGS AMOUNT NOT GUARANTEED). Total ARV of entire Grand Prize $25,000 USD.
Finalist Prize value depends on Finalists’ place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. Finalist and their guest are responsible for obtaining the necessary travel documents. Contest Entities will not obtain travel insurance on behalf of any Finalist or travel companion. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the Finalist. For the avoidance of doubt, the Finalist shall be solely responsible for all expenses not specifically set forth herein, including but not limited to meals, gratuities, tips, taxes and incidentals Trip dates will be specified by the Contest Entities. Trip must be taken on the dates specified by the Contest Entities and failure to travel during the specified times will result in forfeiture of the prize. If a Finalist lives within 200 miles of New York, the Contest Entities reserve the right to substitute ground transportation for airfare, in their sole discretion. Contest Entities reserve the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Finalist cannot assign or transfer the prize to another person, except at discretion of Contest Entities. If a prize cannot be awarded due to circumstances beyond the control of Contest Entities, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Contest Entities sole discretion. Other restrictions may apply. Limit one prize per household. The grand prize contract, and all portions of the Finalist prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
9. POTENTIAL GRAND PRIZE WINNER NOTIFICATION: The grand prize winner will be selected by the Judges based on the results of the test photo shoot, according to the Judging Criteria in Section 6. The potential winner (“Potential Winner”) will be contacted via phone, email or overnight mail on or about July 1, 2009. Potential Winners will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on Judging results. Potential Winner (or her parent or legal guardian if such potential winner is a minor) may be required to complete additional Prize Claim Documents and/or work-for-hire agreements at the sole discretion of the Contest Entities. All documents must be returned within the time period directed by the Contest Entities. Prizes will not be awarded until all such properly executed forms are returned.
10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities’ use of any such similar or identical material. Each Entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
11. RIGHTS OF CONTEST ENTITIES: Contest Entities, shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have Finalist Documents executed as directed by the Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Website. The Website may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
12. INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”). Entrant shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including without limitation, personal injury, death and property damage arising there from.
13. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.
15. PRIVACY POLICY: Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be modified from time to time. By entering the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of contest administration, judging and prize fulfillment. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.
16. WINNERS/OFFICIAL RULES: To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Ford Models ‘Next Fresh Face’ Contest” Winners/Rules, 100 E. Pine Street, Suite 201, Orlando, Florida 32801. Requests for the names of the winners must be received no later than October 31, 2009. Vermont residents may omit return postage.
Last Modified: 5 May 2009