“DARQUEZONE.com ® MODEL SEARCH CONTEST”
OFFICIAL RULES - NO PURCHASE REQUIRED
Open
to legal residents of the Ohio who are between
the ages of 18 and 25 years of age on the date that their
photograph was taken. Subject to all applicable federal, state
and local laws.
CONTEST ENTITIES: Darque Zone, LLC, and CCV Media Inc.
are the sponsors of the Darque Zone Model Search Contest (the
“Contest”).
CONTEST ADMINISTRATOR:
Mike Davis, Marketing Manager
CCV Media Digital
mikedavis@ccvmedia.com
HOW TO ENTER: To enter, follow the links at
www.darquezone.com/inthezone/modelSearch.asp (the “Website”) to
the official entry form. You must complete all information
requested on the entry form, including an e-mail address at
which you can be reached. After completing the entry form, you
will be able to upload one (1) recent photograph of yourself in
JPEG format, (the “Submitted Photograph”) using the instructions
provided. All photos must be approximately 692x530 pixels
and up to 250 KB file size. The Submitted Photograph
must not be altered or manipulated with the exception of
cropping or general adjustment for color or brightness. The
Submitted Photograph must not contain any material that violates
or infringes upon another’s rights. The photograph must only
contain the contest entrant. Entrant acknowledges and agrees
that all photographs submitted pursuant to this Contest have the
potential to be posted online and viewed by third parties.
Please be sure to retain the original photograph, as you may be
required to submit the Submitted Photograph in greater
resolution. The Contest Entities reserve the right to
contact an Entrant to request resubmission of the Submitted
Photograph and/or to request that the Entrant submit an
additional photo if there are problems with the Entrant’s
initial submission or other questions or problems with such
entry, in Contest Entities’ sole discretion. While Entrants may
have assistance from a third party in entering data and
uploading the photos, each Entrant must otherwise complete the
entry forms his/herself. Any entries submitted by anyone other than
the person appearing in the Submitted Photograph (including but
not limited to entries submitted by modeling agencies) will be
rejected.
Except as otherwise permitted herein, only one entry per person
will be accepted and duplicate entries will be disregarded. No
airbrushed or altered photographs or photographs taken prior to
February 1, 2009 will be eligible.. The determination of whether
any image has been airbrushed or altered is in the sole
discretion of the Contest Entities. False, deceptive or
incomplete entries, or other information provided by Entrants
throughout the Contest shall render the entry ineligible.
The Entrant may submit his/her entry form and photograph using the
above procedures anytime during the period February 19, 2009
through February 28, 2009 5:00 PM Eastern Time (the “Entry
Period”).
PRE-PUBLICATION AFFIDAVIT:
Based upon their evaluation of the entrants’ attractiveness and
photogenic qualities, and the quality of the Photograph, the
Contest Entities will select certain of the Entrants as the
Preliminary Selected Entrants (“PSEs”). PSEs will be contacted
via e-mail or telephone, to request that they sign a
Pre-Publication Affidavit and an affidavit of eligibility and
liability release. In the Pre-Publication Affidavit, PSEs may be
required to: (i) provide biographical information or answers to
certain questions; (ii) certify that they meet all eligibility
requirements as set forth in these Official Rules; (iii) certify
that the Submitted Photograph is of the PSE; (iv) grant the
Contest Entities the right to publish the biographical
information and questionnaire responses that the PSE provides
(except Social Security number, street address, telephone
number, e-mail address or other information specifically noted
in writing by the Contest Entities to be confidential) in all
media now known or hereafter devised, including but not limited
to magazines, point- of-sale, online display, television, cable,
video, DVD and/or film productions, wireless applications and
other media channels and applications, and for advertising,
promotions, other contests sponsored by one or all of the
Contest Entities and other commercial purposes; (v) grant the
Contest Entities the right to publish the Submitted Photograph
and all other materials submitted, used or taken in connection
with the Contest (as described in these Official Rules) in all
media now known or hereafter devised, including but not limited
to magazines, point-of-sale, online display, television, cable,
video, DVD and/or film productions, wireless applications and
other media channels and applications, and for advertising,
promotions, other Contests sponsored by one or all of the
Contest Entities and other commercial purposes; (vi) to
photograph and/or film PSEs, and to use such photographs and/or
film for all purposes and in all media now known or hereafter
devised, including but not limited to magazines, point-of-sale,
online display, television, cable, video, DVD and/or film
productions, wireless applications and other media channels and
applications, and for advertising, promotions, other contests
sponsored by one or all of the Contest Entities and other
commercial purposes. PSEs will also be required to represent
and warrant that they have sufficient ownership and use rights
in the Submitted Photograph and all other materials submitted in
connection with this Contest to grant the Contest Entities the
rights granted hereunder. If the Submitted Photograph is a
modeling shot, photograph taken by a professional photographer,
or anything other than personal snapshot, or includes any
copyright notice, PSEs will be required to demonstrate that the
copyright holder has granted his/her the right to allow the Contest
Entities to reproduce and publish the photograph, by providing a
signed Copyright Release (to be provided), or they will be
ineligible to participate in the Contest. PSEs are responsible
for any and all costs and expenses related to any infringement
claims and/or financial reimbursement related to the Submitted
Photograph and/or the original copyright holder for the rights
to publish the Submitted Photograph; the Contest Entities will
not be responsible for any such payment, and will not be held
under any obligation to publish a photo credit to the original
copyright holder for the publication of an image. PSEs shall
agree to hold the Contest Entities harmless and to indemnify the
Contest Entities from any and all liabilities, loss, claims, or
causes of actions, including reasonable attorneys’ fees and
expenses that may be incurred by the Contest Entities, arising
out of or relating to my breach of any representation or
warranty, or any other violation of these Official Rules.
PSEs
will be required to attach to the Pre-Publication Affidavit
copies of two (2) forms of identification, and to show the
original thereof to the Contest Entities at the time that PSE
executes his/her Pre-Publication Affidavit. At least one of the
forms of identification must be a valid government-issued ID
that includes a photograph of the PSE and his/her date of birth
(such as a driver’s license, passport, or state identification
card). The other form of identification must verify the PSE’s
identity (such as a school or employer identification card,
Social Security card, or birth certificate).
The PSE must personally execute the Pre-Publication Affidavit.
Any Pre-Publication Affidavit that is executed by a person other
than the PSE will be considered invalid, and will render the
entry ineligible. The return of the above referenced material
within the allotted time shall be the sole responsibility of the
PSE; the Contest Entities are not responsible for delays in
delivery. The Contest Entities must receive all required
documentation (as described above) in accordance with the
instructions received from the Contest Entities; and any PSE
whose documentation is not received by the date specified by the
Contest Entities or whose documentation is deemed to be, in the
Contest Entities’ sole determination, incomplete, erroneous or
misleading will be ineligible to participate in the remainder of
the Contest. THE RETURN OF ALL REQUIRED DOCUMENTATION IN A
TIMELY MANNER IS THE RESPONSIBILITY OF THE PSEs; PSEs WHO DO NOT
RETURN ALL REQUIRED DOCUMENTATION IN A TIMELY MANNER WILL BE
DISQUALIFIED.
ELIGIBILITY: All Entrants must be legal residents of the
United States, must be a female or male, and must have been
between the ages of 18 and 25 years of age or older on the date
that the photograph was taken. Any person who has won any
sweepstakes, competition or contest sponsored by the Contest
Entities is not eligible to participate in this Contest. Failure
to comply with these Official Rules will result in ineligibility
of Entrant. Employees of Contest Entities ARE eligible to
participate in this contest. All federal, state and local laws and regulations
of the United States apply. Entrants agree to be bound by these
Official Rules.
Selection of Semifinalists: The Contest
Entities will, in their sole discretion, select among the PSEs
certain Semifinalists based upon the Contest Entities’
evaluation of the PSEs’ attractiveness and photogenic qualities,
the quality of the Submitted Photograph and responses to
questionnaires, if any. The Contest Entities reserve the right
to contact by e-mail or phone a PSE for any reason relating to
the Contest. Failure to respond to the Contest Entities may
deem a PSE ineligible to participate in the Contest at the
Contest Entities’ sole discretion. At least 25, but no more
than 100 (number to be determined within the sole discretion of
Contest Entities), PSEs will be chosen to be Semifinalists. All
Semifinalists will be notified by e-mail and/or telephone when
selected.
Selection of Finalists: March 1, 2009, one or more
of the photographs and selected other information relating to
approximately ten (10) Selected Semifinalists will be posted at
the Website. The Semifinalists will need to appear for a
preliminary photo shoot (time and location TBA). This photo
shoot is to see how well the entrant will photograph and
determine the attitude of entrant.
Selection of Winner:
After this photo shoot, four (4) finalists will be selected. The
selection of the Finalists shall be within the sole discretion
of the Contest Entities, whose decisions shall be final and
binding in all respects.
After the Finalists have been selected, Contest Entities will
advise the Potential Winners via e-mail or telephone that she
has been selected as the Potential Winner. The
Potential Winners must respond to such contact within
forty-eight (48) hours, confirming that she will be able to
attend another photo shoot at a date and place to be determined
within the sole discretion of the Contest Entities. Any
Potential Winner who does not respond, or who is unable to
attend the photo shoot, will be disqualified, and another
Potential Winner will be chosen at the Contest Entities’ sole
discretion. The Potential Winners who responds in a timely
manner and who indicates that she will be able to attend the
photo shoot will be eligible to become the Winner.
PRIZE/VALUE: Four (4) winners will be selected by the Contest
Entities consistent with these Official Rules. The winner will
take part in a Darque Zone photo shoot at a time and location to
be determined within the sole discretion of the Contest
Entities. Winner will also be featured on the Darque Zone
Website. Winner will receive complimentary tanning at any
Darque Zone salon and may be eligible for other compensation to
be determined at a later date by Darque Zone LLC.
IMPORTANT: Winners of the photo shoot will be photographed in
different outfits, bikinis and partial or fully nude poses. It
is the winners responsibility to provide their own clothing and
bikinis for the shoot. Nude pics may be available for digital
wallpaper downloads if the winner so consents to it. All
genitalia and nipples will be covered or not visible on the
website or any outside marketing material. All photos
taken by Contest Entities will remain the sole possession of
Contest Entities. Contest Entities will retain all
copyrights of all submitted photographs and those taken by the
Contest Entities.
MARKETING:
One
or more photos from the photo shoot may appear in marketing
materials of one or more of the Contest Entities, including but
not limited to the marketing materials of CCV Media, as the
Contest Entities may determine in their sole discretion. Winner
will not receive any fees or compensation for use or any re-use
of one or more photos from the photo shoot that may appear in
the marketing materials of the Contest Entities. The Contest
Entities reserve the right to delay or cancel the use of the
Winner’s photos from the photo shoot in their marketing
materials as the Contest Entities may determine in their sole
discretion.
NOTIFICATION/TERMS: Semi-Finalists will be notified by
e-mail, telephone or other means reasonably calculated to
provide notice, on or before March 5, 2009. Winners will be
selected by March 15, 2009. Entry constitutes permission to use
Entrant’s name in any CCV Media or Darque Zone Website as well
as advertisements, point-of-sale materials, and downloadable
wallpapers, and consent to use his/her name, photograph, and/or
voice recordings and likenesses for advertising or publicity
purposes, in any and all media, without additional compensation
or permission. This Contest shall be governed and construed
exclusively by Ohio law, and the exclusive venue for any and all
controversies arising under or relating to the Contest in any
way will be in state or federal court in Ohio.
DISCLAIMER AND RELEASE OF LIABILITY: The Contest Entities
and all prize providers are not responsible for any incorrect or
inaccurate entry information, human error, technical
malfunction, entry submissions that are processed late or
incorrectly or are incomplete, garbled, misdirected or lost. All
dates set forth in these Official Rules are approximate. Contest
Entities reserve the right to extend any deadlines. All entries
become the sole property of the Contest Entities and will not be
returned or acknowledged.
All decisions of the Contest Entities shall be final, binding
and conclusive on all matters relating to the Contest.
All Entrants, including but limited to the Winner, release the
Contest Entities and their parent companies, affiliates,
subsidiaries, wholesalers, retailers, officers, directors,
agents, employees and all others associated with the development
and execution of this Contest from any and all liability,
including all claims arising out of, but not limited to,
injuries, death, damages or monetary loss of any kind sustained
in connection with the participation in this Contest or the
acceptance, enjoyment, ownership and/or possession stemming from
the use of any prize or item of value received in this Contest.
The Contest Entities reserve the right, in their sole
discretion, to cancel, modify or suspend this Contest should any
cause beyond the reasonable control of the Contest Entities
corrupt the administration or security of the Contest.
PRIVACY:
Any personal information supplied by entrants to CCV Media, Inc.
and to Darque Zone, LLC. will be subject to Darque Zone’s
privacy policy and terms of service located at
http://www.darquezone.com/
and CCV Media’s privacy policy and terms of service located at
http://www.ccvmedia.com/. Additionally, by opting into specific
offers from the Contest Entities, your personal information will
be subject to each entity’s respective privacy policies and you
agree to receive additional e-mail communications from those
entities.
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