Model Search 2017 Terms & Conditions
1. Information on how to enter and prizes form part of these Conditions of Entry. Registration for and/or participation in this competition is deemed acceptance of these Conditions of Entry. Acceptance of these Conditions of Entry is a condition of entry to this competition.
2. Entry to this competition commences at 11.59am (Midday) AEST on Monday 21/08/17 and closes at 11.59am (Midday) AEST on Monday 11/09/17 (Entry Period).
3. Entry to this competition is open to Australian residents aged 18 years and older. Employees of the Promoter and the Promoter’s suppliers and agencies associated with this Promotion (and those employees’ immediate families) are ineligible.
4. To enter the competition entrants must visit the BW Tribal Model Search section of the website, register as an entrant, upload a photograph of themselves, fill in the entry form online and submit it to the BW Tribal website. 1 person per entry only.
5. Entrants may only enter a photograph of themselves. Entrants must own the copyright of the photograph uploaded or otherwise be entitled to use the photograph in this way. An eligible person may only be entered once for the competition and decently presented and wearing at least a 1) Male - shorts or equivalent cover; 2) Female - Crop Top & underwear, or bikini or equivalent cover. Any entrants with nude (or close to nude) shots will be disqualified.
6. Entrants warrant and agree that, without limitation:
a. they will not submit any material (including without limitation, the entry itself, images, answers to questions, posts or comments and whether on the BW Tribal website or elsewhere in relation to this competition or any entrant or entry) (Content) that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication in the context of this competition;
b. they will only submit Content which they have personally created or have the right to submit;
c. their entry will not contain viruses or cause injury or harm to any person or entity;
d. they will comply with these Conditions of Entry and with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;
e. they have the full authority to grant to the Promoter the rights referred to in these Conditions of Entry; and
f. They will indemnify the Promoter against all costs and claims by third parties arising from a breach of the warranties contained in these Conditions of Entry.
7. Entrants agree:
a. They are fully responsible for the Content which they submit. The Promoter may, in its sole discretion, determine whether an entry will be posted, or remain posted on its websites. The Promoter reserves the right to vet or remove any Content at any time in its absolute discretion. However, The Promoter is not responsible for any Content uploaded to the site and visitors to the site view it at their own risk. Notwithstanding any decision by the Promoter to post Content on its website, the terms and warranties set out in these Conditions of Entry continue to apply;
b. to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the Promoter with respect to the entries they submit and their use of the Promotion Website, and agree to indemnify and hold the Promoter, its officers, agents and affiliates harmless to the fullest extent allowed by law regarding all matters related to their use of the site;
c. To report abuse, harassment, inappropriate content or privacy complaints by emailing email@example.com. The Promoter reserves the right to remove any Content from the Promotion Section of the Website and invalidate any associated entry without prior notice in its sole discretion, including if properly notified that such material infringes on another's intellectual property rights.
8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants. Without limitation, entrants agree to provide a copy of their ID to the Promoter upon request. The Promoter has the right to invalidate any entry which it considers to be in breach of these Conditions of Entry. Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into.
SELECTING THE WINNERS
1. The top 2 winners will be selected by the Promoter within the two weeks following the end of the Promotion Period. The winners will be announced on Tuesday 19th September 2017 at the BW Tribal Model Search section of the website. Top winners may be asked to supply additional images of themselves and give permission to the Promoter to use their entry Content for the promotion of the Model Search competition during the competition and in relation to the announcement and publicity of winners.
2. These winners will then go on to a professional one (1) day New Release photo shoot session with BW Tribal in Brisbane, QLD Australia in early October 2017.
3. This is a game of skill and chance plays no part in determining the top two (2) winners. Each entry will be individually judged by representatives of the Promoter based on the photograph included with the entry, any additional images that have been provided at the Promoter’s request and the potential suitability of the Entered Child to represent the Promoter in future advertising and promotional campaigns.
4. In addition, there will be one (1) people’s choice winner. The people’s choice winner will be the entry with the highest number of confirmed votes submitted online at BW Tribal Model Search website from 11.59am (midday) AEST on 04/09/17 to 11.59am (midday) AEST on 18/09/17 inclusive (Voting Period). Visitors to the site may vote for their favourite entries during the Voting Period. Visitors must sign into their Facebook account and can vote a maximum of once per Entrant but may vote on multiple entries. Entrants must not directly or indirectly seek votes by posting voting requests aimed at the general public on third party websites or benefit from such activities. For the avoidance of doubt, a request posted on an entrant’s personal Facebook page directed at their Facebook friends is not prohibited by this provision.
5. The winners (including those chosen by the Promoter and the people’s choice winner) will be announced on Tuesday 19th September 2017 at the BW Tribal website. All winners will be notified individually by email using details provided in the entry form. The winners may also be announced in other media, for example, on Facebook and Instagram, in the event that they are a winner, in such reasonable announcements as requested by the Promoter.
1. The top two winners (1 male and 1 female) will each receive the following:
a. One (1) day New Release photoshoot with BW Tribal in Brisbane, QLD, on the scheduled date arranged by the Promoter (combined with the other winner).
b. Return economy flights to Brisbane, QLD for the 1 day photoshoot, if winner resides in a seperate state/location that is too far to travel by car. Flights exclude additional baggage and add-ons.
c. Two (2) nights accomodation in Brisbane, QLD, as chosen and arranged for by the Promoter.
d. A BW Tribal (online) e-gift card allowing the winner to purchase goods having a value of AU $200.00 online at bwtribal.com. E-Gift cards must be used before the expiry date on the gift card which will be six months from the date of issue. Redemption of gift cards is subject to the terms and conditions of the issuer, including those specified on the gift card. Any costs in excess of the value of the gift card (including GST) and all ancillary costs associated with redeeming the gift card are the responsibility of the winner. The Promoter shall not be liable for any e-gift card that has been digitally lost, stolen, forged, damaged or tampered with in any way.
2. Prizes are not transferable or exchangeable and cannot be taken as cash. All aspects of the prize must be taken together as a package. The air carrier’s standard terms and conditions of carriage apply and reward points cannot be earned on prize flights.
3. If for any reason, a winner is not able to travel and/or participate in the Promoter’s October photo shoot on the date scheduled by the Promoter, the Promoter may at its discretion:
a. disqualify the winner (who will then forfeit all their prizes); and/or
b. use only the other winner in its photo shoot, and/or
c. select one of the other entrants as an additional winner.
4. The People’s Choice winner will receive the following:
a. A BW Tribal (online) e-gift card allowing the winner to purchase goods having a value of AU $100.00 online at bwtribal.com. E-Gift cards must be used before the expiry date on the gift card which will be six months from the date of issue. Redemption of gift cards is subject to the terms and conditions of the issuer, including those specified on the gift card. Any costs in excess of the value of the gift card (including GST) and all ancillary costs associated with redeeming the gift card are the responsibility of the winner. The Promoter shall not be liable for any e-gift card that has been digitally lost, stolen, forged, damaged or tampered with in any way;
5. If requested by the Promoter, winners will sign a legal disclaimer on reasonable terms determined by the Promoter as a condition of taking any prize.
6. All entrants consent to the use of their name and photographs by the Promoter for the purposes of promoting, publicising or marketing this competition including any outcome of this competition in any media including at the BW Tribal Model Search website and BW Tribal Facebook page. The Promoter shall ensure that any such promotion, publicity or marketing is reasonable and reputable. The opportunity to participate in the competition and the chance to win a prize constitutes the entire consideration payable by the Promoter in respect of such use.
7. Entrants consent, in the event they are a winner, to BW Tribal using any photographs or video footage taken at the Promoter’s 2017 October photographic shoot for the purposes of any advertising and promotion of the Promoter and its products. Such advertising and promotion may include, without limitation, use of photographs on product packaging, point of sale materials, catalogues, magazine and newspaper advertising, outdoor advertising, posters and internet advertising. All photographs and any related rights, including without limitation any intellectual property rights, become the property of the Promoter.
8. The prizes constitute the entire consideration payable by the Promoter in respect of the winners’ participation in the Promoter’s 2017 Model Search photographic shoot and any use (in perpetuity) of photographs entered or images (whether photographic or video) produced, including in subsequent marketing, advertising or promotional materials or campaigns. Without limitation, the winners will not be entitled to any additional modelling fees, talent fees or other payment in respect of the photographic shoot or the use of their photographs or images by the Promoter. The Promoter shall have sole discretion in relation to the use or non-use of each winner and the selection of images for its marketing, advertising and promotional campaigns. The Promoter also has the unlimited, perpetual right to use such images for internal non-commercial purposes.
9. If for any reason this Promotion is not capable of running as planned, including but not limited to tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserve the right in its sole discretion, subject to any written directions given by any relevant authority in each State and Territory, to cancel, terminate, modify or suspend the Promotion.
10. The Promoter may, in its sole discretion, disqualify any entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
11. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise.
12. The Promoter and associated agencies and companies (and their officers, employees and agents) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
13. Any change in the value of the prizes occurring between the date of these terms and conditions and the date the prizes are claimed is not the responsibility of the Promoter.
14. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
15. The Promoter is Blacka Wear Pty Ltd trading as BW Tribal 3/16 Randall St, Slacks Creek, QLD 4127. ABN 78 167 176 016.