Jay Jays Model Search 2019: Terms and Conditions

  1. Competition: Information on how to enter forms part of these terms and conditions. Entry into the Jay Jays Model Search 2019 (Competition) is deemed to be acceptance of these terms and conditions.
  2. Eligibility: The Competition is open to men and women from Australia, aged 15+ on 30 September 2019. To the maximum extent permitted by applicable law, the Promoter and the Partners will, together, have sole discretion as to whether or not an individual has satisfied the criteria to be eligible for this Competition. If the Competition is unlawful in the country, state or territory where a prospective entrant lives, the Competition is void in and does not apply to that country, state or territory, and the prospective entrant is not eligible to enter.
  3. Ineligible persons: Employees of the Promoter, the Partners, and their immediate families, are not eligible to enter the Competition.
  4. Winner: There will be at least one (1) winner of this competition but no more than four winner/s.
  5. Promoters & Partners: For the purposes of the competition, the Promoter is StarNow Limited (New Zealand company 1584653) and the Partners are Jay Jays Trademark Pty Limited (trading as Jay Jays) and Vivien's Model Management.
  6. Minors: Men and women under the age of 15 on 30 September 2019 are not eligible for entry to the Competition.
  7. Maintain membership: The prize package is subject to the winner maintaining a public StarNow profile for at least 2 years from the date of the announcement and not removing or making the profile private during that time. StarNow will provide a complimentary lifetime Elite membership to the selected entrant for this purpose which will last while StarNow continues trading under that name.
  8. Competition period: The Competition commences on 30 September 2019 and ends at 4pm on 25 October 2019 (GMT). The winner will be selected and announced by 15 November 2019 once the Promoter & Partners have contacted the potential winners and satisfied themselves of each prospective winner's eligibility.
  9. Prize: If a winner is selected, they will receive the following prize package:
    1. the winner/s will take part in an upcoming Jay Jays campaign photoshoot. Usage of photos of the winner/s as part of the campaign will be at Jay Jays sole discretion. Jay Jays reserves the right to conduct face to face castings.
    2. return economy class flights for the winner (and a guardian if required), from the winner's normal city or town of residence in Australia to take part in the campaign photoshoot.
    3. 1 nights accommodation for the winner (and a guardian if required, twin share).
    4. in addition, winner/s will receive a prize of $500 AUD per person in total.
    5. a lifetime Elite StarNow subscription.
    6. opportunity to be offered representation by Vivien's Model Management.
    The prize package must be redeemed by no later than 31 December 2019. If a winner is unable to attend a face to face casting or a required shoot location date, other winner/s may be selected.
    The Promoter accepts no responsibility for a change in the ultimate prize value between the time of entry into the Competition and the prize redemption date.
    Representation by Vivien's is not guaranteed and remains at the Modelling Agencies' discretion.
  10. Entry: To enter the Competition you must enter on the Promoter's website: www.starnow.com (the "Website") and/or via jayjaysmodelsearch2019.starnow.com. Full details on how to enter and what is required by entrants are provided there. The link jayjaysmodelsearch2019.starnow.com will be available on the Jay Jays Instagram account https://www.instagram.com/jayjays/ and on the Vivien's website http://www.viviensmodels.com.au/
  11. Deadline: The time of entry will in each case be the time the complete, eligible entry is received by the Promoter's database. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in delivery due to technical disruptions, network congestion, or for any other reason.
  12. Verifying entries: Without creating an obligation to do so, the Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant (and terminate the entrant's StarNow membership) for tampering with the entry process, for submitting an entry which is not in accordance with these terms and conditions or for engaging in improper or unlawful conduct that may affect the fair and proper conduct of the Competition.
  13. Promotion of contestants: StarNow will promote the Competition generally and may also promote individual contestants. The Partners will also promote the competition generally and may also promote individual contestants.
  14. Disqualification: The Promoter reserves the right to disqualify the winner (and select another winner) and terminate the winner's StarNow membership if, in the reasonable opinion of the Promoter and Partners, the winner has failed to comply (or will be unable to comply) with these terms and conditions, any other conditions of use of the prize and/or any prize supplier's requirements, makes disparaging comments about a Partner or otherwise brings a Partner into disrepute.
  15. Decisions are final: This is a game of skill and chance plays no part in determining the winner. The Promoter's decision (made by mutual agreement with the Partners) is final and no correspondence will be entered into, including in the event of a dispute.
  16. Promotion of winner: In consideration of the Promoter and Partners awarding the prizes to the winner, the winner agrees to:
    1. have their full name, a photo and a link to their StarNow profile on the Website homepage and in the Promoter's newsletter as well as a link to their profile from the Promoter's social media pages (such as Facebook and Instagram);
    2. be included in other promotional materials as part of the Promoter's ongoing publicity (as determined by the Promoter in the Promoters absolute discretion);
    3. participate in and co-operate as required with all reasonable media editorial requests relating to the prize package, including but not limited to, being interviewed and photographed.
  17. Expenses: Unless specifically stated otherwise, all expenses incurred (including travel to and from any face-to-face casting) are the responsibility of the entrants.
  18. Cancellation: The Promoter reserves the right to cancel, or amend the details of, this Competition at any time before 30 September 2019, subject to any the requirements of any applicable law.
  19. No transfer of prize package: The prizes cannot be transferred, exchanged or redeemed for cash. The prizes must be taken as offered and cannot be varied by the winners.
  20. Updating personal details: Each entrant's profile and contact details (including email address), will be recorded as part of the entry. Should an entrant's contact details change during the period of the Competition, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information should be directed to the Promoter. If a potential winner cannot be contacted by the Promoter or Partners, or does not respond within five days from the date the Promoter or Partners first try to notify them, that potential winner forfeits all rights to win a prize in the Competition and receive the prize package described in these terms.
  21. Use of Personal Information: Entrants' personal information is collected for the purpose of conducting the Competition, promoting the Competition and the winner, and for the other purposes set out in these terms and conditions. The Promoter and Partners (and any of their related entities) may disclose your personal information to any other parties who are involved in administering the competition and any applicable authorities (as required). The collection, storage, use and disclosure of personal information made available to the Promoter in connection with any person's use of the Website will be governed by the terms of the Website's privacy policy. Participants acknowledge that they are providing information to the Partners as well as to the Promoter, and that that information may be used by each of the Promoter and the Partners on the terms set out in these terms and conditions.
  22. Promotion of entrants: By entering this Competition, you consent to:
    1. the Promoter's Privacy Policy which is available on the Website;
    2. the collection, use and disclosure of your personal information (including, to avoid doubt, your name and likeness) as set out in these terms and conditions;
    3. receive ongoing communication from the Promoter (or its related entities), including its newsletter and other promotional material;
    4. receive commercial electronic messages (including SMS and email messages) from the Promoter (or its related entities) throughout the duration of the Competition and subsequently until such time as you notify the Promoter that you no longer wish to receive such messages.
  23. Access costs: The cost of accessing the Website will be dependent on the entrant's internet service provider. The Competition itself is free to enter.
  24. Exclusion of liability: To the maximum extent permitted by law, the Promoter and Partners (including their officers, employees and agents) shall not be liable to any entrant or to any other person for any loss, claim, liability, cost or damage whatsoever that is suffered (including but not limited to loss of profits, loss of opportunity, and any indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Competition and/or the prize package (or any part thereof), including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's and/or Partners' control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter and/or Partners) due to any reason beyond the reasonable control of the Promoter and/or Partners; (d) any variation in prize value to any value stated in these Conditions of Entry; (e) any tax liability incurred by a winner or entrant; and/or (f) participation in the Competition. This exclusion applies regardless of whether that liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. Nothing in these terms applies to limit the Promoter or Partners' liability which cannot be limited or excluded by law.
  25. Force majeure: If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and Partners and which prevents the Promoter and Partners from complying with these terms and conditions, the affected Promoter and Partners will not be liable for any failure to perform or delay in performing its obligations and the Promoter and Partners each reserve the right (subject to any applicable laws and/or State or Territory regulation) to cancel, terminate, modify or suspend the Competition and/or Prize at any time.
  26. Member terms: As a StarNow member each entrant agrees to comply with all terms and conditions applicable to StarNow members (as notified on the Website).
  27. Promoter and Partner details: The Promoter is StarNow Limited of Level 2, 14 - 16 Allen Street, Wellington, New Zealand. The Partners are: Jay Jays, 457 St Kilda Rd, Melbourne, VIC 3004, Australia and Vivien's Models, Level 1, 43 Bay Street, Double Bay, NSW 2028, Australia. To avoid doubt, each Partner has the right to the benefits under, and to enforce, the terms of these Conditions of Entry.
  28. Governing law: These terms and conditions are governed by New Zealand law. Each party submits to the nonexclusive jurisdiction of the courts of New Zealand.
  29. Indemnity: Without limiting any other terms herein, each entrant indemnifies the Promoter, and the associated Partners (Jay Jays, Vivien's Models), including their respective officers, employees and agents, against any liability, claim, proceeding, cost, expense and loss of any kind incurred in connection with any breach by an entrant of any of the terms set out in these Conditions of Entry.
  30. Representation by agencies: By entering this Competition entrants understand and agree that they may be approached by Vivien's Models and be offered the opportunity to sign up for representation. Representation by Vivien's is subject to their standard terms and conditions of representation and to the terms of the Agreement which the winner enters into with individual agencies. Entrants also understand and agree that although they may not be the overall winner of the competition, they may be approached by Vivien's and given the opportunity for further modelling work. Modelling work agreed to outside of the Competition will be subject to the terms of the agreement entered into with Vivien's.
  31. If represented by other agencies: The Competition is intended as a vehicle for discovering new faces. While it is acceptable to be signed to another agency at the time of entry to the Competition, entrants signed to an agency must disclose the name of the agency as part of their entry. Failure to do so may result in an entrant being disqualified from the Competition and, if applicable, revocation of the winner's award and prize package.
  32. Availability: Participants acknowledge that if already signed to an agency or talent manager, participants will make themselves available to be signed by the Partners. Any ongoing offer of representation by Vivien's must be on the basis that winner/s may be required by Jay Jays to be exclusive to Jay Jays against a list of brands stipulated by Jay Jays, for a period of up to 12 months from the first shoot date, without additional compensation provided by Jay Jays for such exclusivity. This exclusivity obligation will cease to apply if Jay Jays does not utilise each winner/s once every two months during the 12 month exclusivity period.
  33. Required disclosure: Entrants must disclose any issues that may generate negative publicity and impact on the success of this promotion, StarNow, Jay Jays and Vivien's. The Promoter can disqualify an entrant and, if applicable, revoke the winner's award and prize package, for failure to disclose any issues that may generate negative publicity and impact on the success of the Jay Jays Model Search 2019 and/ or StarNow and the Partners.
  34. Publicity: It is a condition of entry that all entrants agree to be interviewed and photographed at a mutually agreeable time for a story or feature on this promotion in any form of media the Promoter and Partners deem suitable. This story or feature can appear on various websites at a time to be determined by the Promoter and/or the Partners. To the maximum extent permitted by law, all control relating to any such story or feature will remain with the Promoter and Partners at all times.
  35. Marketing: It is a condition of entry that any information reasonably required (including but not limited to interviews, photographs, attendance to photo shoots/ events, provision of blogs etc) by the Promoter for all marketing, advertising and promotion of the Jay Jays Model Search 2019 will be provided to, and may be used by, the Promoter and the Partners for the purposes set out in these terms and conditions. Copyright in all material provided to and/or devised by the Promoter remains with the Promoter at all times.
  36. The Promoter and Partners accept no responsibility for any incorrect or inaccurate information, either caused by website users or by any of the equipment or programming associated with this competition, or by any technical error that may occur in the course of the administration of the competition. The Promoter and Partners assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
  37. As a condition of participating in this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entries to the Promoter and Partners. Each entrant warrants to the Promoter and Partners that each entry submitted is an original artistic work of the entrant which does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter and Partners, including their respective officers, employees and agents, against all liabilities, claims, proceedings, expenses, losses and costs of any kind arising in connection with a breach of the warranty set out in this condition. The Promoter and Partners are entitled to use any of the entries (including but not limited to photographs provided to the Promoter at any time in connection with the Competition) submitted for any purposes at its discretion, including for future promotional, marketing and publicity purposes.
  38. When an entrant submits any materials in connection with the Competition including comments, recordings and images ("Content"), the entrant, unless the Promoter or Jay Jays advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use. Entrants warrant that they have the full authority to grant these rights.