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OFFICIAL CONTEST RULES AND REGULATIONS Moda Star Models, A division of Netricks, Inc. ("Moda Star") will conduct the Moda Star Bikini Challenge 2008 ("Contest") during the month of July, 2008 at the following locations:
-Nikki Beach, Reno, Nevada on July 18, 2008
-Tao Beach, Las Vegas, Nevada on July 20, 2008.
-Aqua Shi Restaurant, Fresno, California on July 26, 2008
CONTEST OVERVIEW
Each contest will consist of the following:
Grand Prize Winner - One grand prize per event ("Grand Prize") will include a one year promotional contract with the Moda Star Talent Agency CA - License TA-60211-1 (Agency") for personal and promotional appearances and appearances in catalogs, commercial advertisements, posters, brochures, websites and other media, to be determined in the sole and absolute discretion of Agency and/or its related or affiliated companies. Grand Prize will also include unspecified cash prize, as well as other undetermined prizes.
ELIGIBILITY/ENTRY
To be eligible to enter, a Contestant and/or Entrant ("Contestant") must be female, a United States resident, at least 21 years old at the time of entry, not a member of a performers' union or guild, and not employed by Moda Star or any related or affiliated company.
Each Contestant must complete all information requested for valid entry, including legal name, date of birth, e-mail address, valid phone number and other information from registration application on the Moda Star Fashion website at http://www.modastarfashion.com/models-m-13-13.html.
Contestants must complete and submit a registration application, selecting one of the eligible weekly contest dates for participation in the Contest and submit two original, unaltered digital images ("Photographs") of only the Contestant. All Photographs submitted must be no wider than 600 pixels and less than one (1) MB in size. Entries must be recieved by July 1, 2008. Contest ends July 18, 2008 (Reno), July 20, 2008 (Las Vegas) and July 26, 2008 (Fresno).
Moda Star will have the sole and absolute discretion to determine the validity of all Entries. Moda Star, and/or its agents, reserves the right to contact any Contestant for any reason including to entry confirmation or to request additional Photographs.
Any entries submitted by anyone other than the person appearing in the Photographs (including but not limited to entries submitted by modeling agencies) are invalid and may be rejected. Submission of Photographs and Entry in the Contest constitutes the grant and consent to the perpetual, royalty free, unrestricted right to use the Photographs and the Contestant's information provided on the registration application, for all purposes and in all media now known or hereafter devised, including the right of reproduction thereof, and the right to photograph and/or video Contestant, and to use such images and/or video for all purposes and in all media now known or hereafter devised and other media channels and applications, and for advertising, promotions, other contests sponsored by Moda Star or any related or affiliated company and other commercial purposes.
Although Moda Star expects to provide accommodations and meals, the Contestant is responsible for appearing at Moda Star, at Contestant's sole cost and expense, on the eligible contest date selected on the Entry by Contestant, no later than 9:00am at the location designated by Moda Star for each individual event. Contestant must be prepared to compete in apparel approved and/or provide by Moda Star.
Entries are not being submitted in confidence or in trust and are not intended to remain confidential. Entries will not be returned. Contestant agrees that any Entry or other content whatsoever posted or provided by Contestant becomes the property of Moda Star and may be used for all purposes, reproduced, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted, in perpetuity and in all media now known or hereafter devised, including the right of reproduction thereof as Moda Star may determine in its sole and absolute discretion.
By submitting an Entry, Contestant represents and warrants that: a) Contestant is the sole author and creator of the Entry, that it is an original work and has not been previously used, reproduced, published or otherwise exploited in any form and/or medium; b) Contestant solely owns and/or controls the Entry and all elements and rights in and to the Entry; c) nothing contained in the Entry is copied from or infringes upon any rights of any person or entity, including but not limited to libel, slander, defamation, the rights of privacy or publicity, copyright, or trademark; d) Contestant has the full, exclusive, and unconditional power, right, and authority to submit the Entry to Moda Star under the terms and conditions hereunder; e) the Entry does not result in a breach of any contract with a third party and the consent of no other person or entity is required for Moda Star to use the Entry; and f) Moda Star's use or exploitation of the Entry will not violate any trademark, copyright, right of privacy or publicity, or any other right of any person or entity. Contestant agrees to pay for all royalties, fees and any other monies owing any person by reason of any content Contestant posts on the site. Each Contestant agrees to hold Moda Star and its related or affiliated companies harmless and to indemnify them from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys' fees and expenses that may be incurred by Moda Star or any related or affiliated company, arising out of or relating to Contestant's breach of any representation or warranty, or any other violation of these Official Rules.
Each Contestant (including but not limited to the winner), as a condition of entering the Contest generally, shall acknowledge and agree that Moda Star and/or its related or affiliated entities shall have the right to, without further authorization, publicize her Entry, name, character likeness, photograph, voice, and/or the fact that she is a Contestant or the winner, for, without limitation, advertising and/or promotional purposes, without the payment of financial remuneration to the Contestant.
SELECTION OF GRAND PRIZES WINNER AND FINALISTS
Individual contests will be held at the dates listed above. During each individual event, Moda Star and/or its designated agents will select five (5) to ten (10) finalists ("Finalists") for Final Round Competition
Grand Prize will winner will be chosen by a pre-determined panel of three (3) to five (5) pre-selected judges ("Judges"). In the event of a tie, a pre-determined Moda Star Partner will select a Grand Prize Winner from the two top-ranking Finalists.
Decision of Judges and/or Moda Star Partner is final.
If any Contestant, including the winner is determined to be ineligible, withdraws from the Contest, breaches any representation or warranty contained in these Official Contestant Rules & Regulations ("Official Rules") or fails to satisfy any of her promotional or marketing obligations, including any obligations under the Promotional Contract, Moda Star reserves the right to replace them.
COLLECTION OF PRIZE
Prior to the payment of the Grand Prize, the winner will be required to sign the Promotional Contract in such form as is reasonably requested by Agency without additional consideration, in the 12 month period following the date of the finals.
Failure to collect any Prize element within 30 days constitutes forfeiture of the Prize. If forfeited, any Prize element will remain the property of Moda Star. Another winner will not be selected, except as provided above.
REGULATIONS
Moda Star reserves the right to cancel or terminate the Contest or make rules or Contest changes, including prospectively and/or retroactively, without notice and at any time, at its sole, absolute and exclusive discretion, and reserves the right to change any aforementioned Contest date(s) without notice.
Any decision by Moda Star and/or its designated representatives, in their sole discretion, in the interpretation and/or application of these rules shall be final. By participating, Contestants and/or the winner agree to be bound by the decisions of Moda Star, its designated representatives, any judges, and the official rules.
Moda Star, together with its related or affiliated companies and other entities, and its and their representatives, owners, agents and employees, are not responsible for any liabilities arising directly or indirectly from the award of or participation in the Contest or Prize.
Moda Star, together with its related or affiliated companies and other entities, and its and their representatives, agents and employees, are not responsible for any changes to or difficulties in Prize delivery, or for any lost, stolen or misdirected Entries.
All federal, state/provincial and local laws and regulations of the United States and/or other countries apply. Void where prohibited or restricted. Contestants agree to be bound by these Official Rules.
There is no purchase necessary to enter or win the Contest. The Contest is void where prohibited, regulated or taxed. This Contest shall be governed and construed by California and/or Nevada law. All federal, state/provincial and local taxes are the exclusive responsibility of the Contestants. Participation in the Contest and Prize awarded are non-transferable.
The odds of winning are based on, and/or influenced by, the number and qualifications of Contestants entered, and the individual discretion of the public, voters and any designated selecting judges.
Submitted June 11, 2008 |