ELITE MODEL LOOK COMPETITION 2013 (the "Competition")
ONLINE GENERAL TERMS AND CONDITIONS
(i) IN ORDER TO USE THIS APPLICATION AND ENTER THIS COMPETITION, YOU MUST AGREE TO THESE TERMS AND CONDITIONS BY TICKING THE BOX "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS" WHEN YOU MAKE YOUR SUBMISSION.
(ii) This Competition is offered to you by Elite Licensing Company S.A.. Our registered office is at 15 Route des Arsenaux, Fribourg, Switzerland, 1700 and our company registration number is CH-217-0138776-6. In these terms and conditions, Elite Licensing Company S.A. will be referred to as "we" or "us". You can contact us by email at: email@example.com. If relevant, the contact details of our local territory representative will be included in the Competition Information (as defined in paragraph 1(iv) below).
(iii) These terms and conditions govern (a) your use of the Elite Model Look application or such other application as may be utilized by us to promote the Competition (including any application made available in conjunction with a third party) (each an "Application" and collectively the “Applications”) and (b) your Submission (as defined in paragraph 2(ii) below) (subject to acceptance of your Submission by us) to the Competition.
(iv) The Competition is being run in a number of different territories, and as such the Competition will be available in some territories through an Application whilst in others it may be available through a website owned or controlled by us (each a “Website” and collectively the "Websites"). Further, the precise terms of the Competition in each territory may vary and each territory will each have some terms and conditions that only apply to them. Those terms and conditions will be set out in information included on the Application(s) or Website used for such territory's Competition (the "Competition Information") and this Competition Information is incorporated into these terms and conditions. It is your responsibility to ensure that you have read, understood and comply with all information contained in the Competition Information). In the event of conflict between these terms and conditions and the Competition Information, the Competition Information shall take precedence.
(v) As the text of these terms and conditions and Competition Information may be presented in several languages, English shall always be the deciding language in the case of any differences in interpretation.
2. COMPETITION TERMS
The following terms apply to all entrants entering the Competition within BELGIUM:
(i) Name of Competition: Elite Model Look 2013 Competition.
(ii) Method of Entry: In order to enter the Competition, you must (a) upload three (3) photographs of yourself as follows: one full body, one portrait and one from the waist up and (b) provide personal information (collectively your "Submission"). You should upload your Submission into the participation form on the Application or Website (as applicable). If we receive a Submission from you which is corrupted, incomplete or otherwise deficient, we may not be able to enter you into the Competition. Proof of uploading your Submission will not be accepted as proof of entry.
In order to enter the Competition via an Application, you will be required to create either a simple profile (email and password) on the Application or a profile on Facebook (www.facebook.com) and authorise the Application by clicking on the icon which appears on your screen in the form of a pop-up. Any subsequent connection to your Facebook account will automatically allow access to the Application only if you have authorised it beforehand. Please note that Facebook cannot be held liable for any aspect of this Competition and the Competition is not sponsored, endorsed or otherwise associated with Facebook.
(iii) Girls whose applications are approved will get the chance to participate in a casting based on the location and date of their choice.
(iv) Specific Competition Restrictions: In order to participate in the Competition, you must comply with the following restrictions :
(a) You must be female;
(b) You must be aged between 14 and 22 years old;
(c) You must be at least 172cm in height;
(d) You must have permission from your parent/guardian to enter this Competition if you are under 18 years old; and
(e) Only one entry per person is allowed to the Competition and multiple entries may result in you being disqualified from the Competition.
(v) Competition Period: Entries must be received before June 30th 2013 (“Competition Period”). Any entries received after the Competition Period (for whatever reason) will be considered for the following year.
3. YOUR SUBMISSION
(i) Your Submission must comply with the following rules:
(a) it must not be obscene, offensive or pornographic;
(b) it must be a true and accurate image of you;
(c) it must not use material an/or content which would infringe the rights of any other person;
(d) you must have all necessary rights and consents to provide the Submission to us; and
(e) it must not contain the image or other personal details of any other person.
(ii) We reserve the right to refuse to accept or refuse or cease to use any Submission which we believe contravenes these rules.
You agree to take part in reasonable Competition publicity (during the relevant Competition Period and thereafter) requested by us and you agree that you may be filmed, photographed or otherwise recorded by us or other third parties for this purpose. You agree that your name, likeness, voice and statements may be published throughout the world in any media now know or in the future devised in connection with your participation in the Competition and/or in the exercise of advertising, publicity and marketing rights undertaken by us.
5. LICENCE TO USE THE APPLICATION
(i) We grant you a personal, non-exclusive, non-assignable licence to use the Applications. You may not copy the Applications or reproduce them on any media or in any way. We do not transfer any property rights relating to the Applications (including the source code and object code) to you. You may not sublicense, assign, rent or otherwise transfer this licence to any other person. You may not reverse engineer, decompile, disassemble, modify, translate and/or make any attempt to discover the source code or create derivative works based on the Applications.
(ii) This licence will take effect from the date on which you first use an Application and, subject to any breaches by you, shall continue for the duration during which the Application(s) is made available by us. If we notify you of any breaches committed by you, you must immediately cease use of the Application(s).
(iii) This licence will also govern any and all updates or upgrades to the Applications or further versions of the Applications which we made provide, save where any such updated to upgrade is accompanied by a separate license agreement.
(iv) You shall not upload, publish or otherwise make available any content on the Applications which is obscene, defamatory, pornographic, offensive, racist or otherwise distasteful.
(vi) Subject to sub-paragraph (vii) below, the Applications and all relevant tools are provided "as is" with no warranties whatsoever as to their security, reliability and performance or as to their merchantability and fitness for any particular purpose. We shall not be responsible for any damage to your computer system or loss of data that results from the download or use of an Application. It is hereby acknowledged and agreed by you that we shall not be liable for any unlawful or unauthorised use of the Applications made by third parties. In no event shall we be liable for any loss, theft, forwarding, misuse, misappropriation or damage of any kind to or of information uploaded by you to the Applications (including your Submission) or for any direct, consequential, special, or indirect loss or damages suffered by you in relation to this Competition, whether in contract, tort or otherwise.
(vii) Nothing in these terms and conditions limits our liability for death or personal injury, for fraud or for any liability, which cannot be excluded by the law. These terms and conditions also do not affect the rights that are granted to use as a consumer by the law.
6. INTELLECTUAL PROPERTY
(i) In consideration of us agreeing to enter you for the Competition, you hereby assign us full copyright and all other rights in your Submission for the full duration of copyright. You agree to carry out anything required by us to give effect to this clause. We shall be entitled to assign, sub-license or otherwise transfer such rights to third parties.
(ii) We may use your Submission as we like and in any media (although we are under no obligation to use it at all) including (without limitation) on the Application(s), the Website(s) and for the purposes of promoting our business or the Competition.
(iii) Please note that we will not be able to return any photographs or other content that you provide to us as part of your Submission.
7. USE OF YOUR PERSONAL DATA
(ii) You agree that we may use your personal information for the purposes of running and promoting of the Competition, including (a) to keep our statistics up to date, (b) to organise castings for the Competition and (c) to select the entrant who will take part in the national casting of the Elite Model Look competition.
In the event of any dispute regarding these terms and conditions, the Competition Information, mistake or dispute about the running of the Competition including the results or judging criteria, or the operation of any technical or communications systems (including the Application and the Website(s)), our decision shall be final.
9. GOVERNING LAW AND JURISDICTION
These terms and conditions will be governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the courts of England and Wales.
These Terms and Conditions were last updated on 1st February 2013
The Application is not intended for children under 13 years of age and we do not knowingly collect personal information from children under this age.
1. Your Data
"Your Data" means:
1. any information about you which is personally identifiable, including, without limitation, your name, date of birth, gender, email address, address, country of residence, user name, password and other information from which you can be identified and which you may disclose to us or otherwise via the Application and/or Websites at any time.
2. if you consent to "allow access" to your social networks accounts we will also collect and store basic account data and personal data provided from such social network accounts following your consent and this information may include data about your interests, friends, relationships and connections.
2. Collection of your Data
We collect your Data when:
1. you register with the Applications and/or Websites;
2. you make a complaint or enquiry or provide other feedback to us;
3. you submit an entry to a questionnaire or survey, competition or prize draw;
4. you disclose your Data to us or otherwise through the Applications and/or Websites at any other point;or
5. you visit the Application and/or Websites having provided your consent to "allow access" to a social network Application(s) and/or Websites.
3. Use of your Data
We use your Data to:
1. process the registration of your online account and maintain your online account;
2. process and deal with any complaints or enquiries made by you;
3. monitor, develop and improve the Applications, the Websites and your experience, and tailor the Applications and the Websites to your specific preferences;
4. investigate any suspected breach of the Terms made by or otherwise relating to you;
5. where (and only where) agreed by you, to send you and keep you updated with information by email and/or SMS about existing and new services and special offers from us;
6. where you have submitted an entry to a survey or questionnaire, to publish the results of such survey or questionnaire; and
7. where you are a prize winner, to publish or otherwise make available a list of prize winners.
8. To opt-out of receiving any information pursuant to paragraph 3.5 you can:
(a). amend your preferences accordingly in your on-line account;
(b). use the facility contained in any such communication; or
(c). email us at firstname.lastname@example.org
9. help us provide you with a more personalised service, we may record information about your usage of the Applications, such as the channels, groups and favourites to which you subscribe, with which other users you share content, the videos you watch, information you display about yourself, as well as information you click on in the Applications including user controls and we may associate that information with your online account.
4. Passing on your Data to Third Parties
1. We may pass on your Data to other parties as follows:
. to our employees and agents to administer your on-line account and orders (including, without limitation, providing customer and marketing services, data analysis and postal and email delivery services);
. to Elite group companies and third party partners to provide the Applications and/or Websites to you or to promote the services offered by us or them which may interest you;
. some general statistical information about the Applications and/or Websites user base, sales patterns, traffic volumes and related matters may be passed on to reputable third parties but these details will not include information personally identifying you; or
. we may disclose your Data, without your consent, to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or where required by law.
2. From time to time, we may ask you to participate in surveys designed to help us improve the Applications and/or Websites. Any Data provided to us in connection with any survey will be used only in relation to that survey, and will only be disclosed to third parties in non-personally-identifying form.
4. The third parties to whom we pass on your Data will be restricted by law or under the terms of our confidentiality agreements with such third parties from using your Data for purposes other than those set out in this paragraph 4.
5. We do not pass or sell your Data to third persons for any other purpose than those set out in this paragraph 4. Any marketing under paragraph 3 is conducted by us on behalf of third parties and they do not have any access to your Data unless you yourself choose to contact them.
5. Data Security
1. We endeavour to take all reasonable steps to protect your Data. All the Data collected by us is stored on a secure server. The secure server software encrypts all information you input before it is sent to us.
2. We recommend that you protect your password, username and your computer from access by unauthorised users. We suggest that you change your password on a regular basis. Please ensure that you sign out when you finish using the Applications and/or Websites.
3. Unfortunately and notwithstanding paragraphs 5.1 to 5.2 above, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to the Applications and/or Websites; any transmission is at your own risk.
2. Some advertisements on our Applications and/or Websites are provided by third parties. Our advertising partners may serve ads that they believe are most likely to be of interest to you, based on information about your visit to this and other websites (this information is anonymous in that it does not include your name, street address, e-mail address or telephone number). In order to do this, our advertising partners may need to place a cookie on your computer.
4. A "Web Beacon" is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page. We (or third parties authorised to act on our behalf) may use Web Beacons on the Applications and/or Websites to count users who have visited particular pages and to deliver co-branded services. Web Beacons are not used to access users' Data; they are a technique we may use to compile aggregated statistics about usage. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
7. Access to and Updating your Data
1. Where you are a registered online account holder, you may access and update your Data contained in your online account by accessing the "Settings" section of the Applications. You must make sure that you update your Data as soon as possible with any and all relevant changes. You may also delete your registered online account and your Data from our system. Please note that you will not be able to access certain of the Websites if you delete your Data.
2. If you would like to receive a copy of your Data held by us, please email us at email@example.com we may charge you a small administration fee to comply with your request.
8. Location of your data
We hold your Data in Ireland, where the Application servers are located. As set out in paragraph 4, we may pass onto Elite Licensing Company S.A group companies or reputable third parties general statistical information about the Applications and/or Websites user base, sales patterns, traffic volumes and related matters but these details will not include information personally identifying you. In addition, we may need to share your information (including in some instances personally identifying information) with reputable third parties for the purposes described in paragraph 4.1.1 above. These Elite Licensing Company S.A group companies or reputable third parties may be based outside the EEA and, by using the Application and the Websites, you expressly agree that we may transfer your Data outside the EEA solely for these purposes.
9. Other links
Please be aware that the Applications and/or Websites may link to other web sites that may be accessed by you through our Applications and/or Websites. We are not responsible for the data policies, content or security of these linked web sites. We do not have any control over the use to which third parties may put your Data where you choose to purchase products or services or otherwise to contact them via this Applications and/or Websites. It is your responsibility to review the data policies, content or security of these linked websites.
11. Contacting Us
Copyright 2012 Elite Licensing Company S.A