ABRAND MODEL SEARCH T&CsUpdated a year ago

ABRAND MODEL SEARCH

TERMS AND CONDITIONS (“TERMS”)

THIS IS NOT A CONTEST AND THERE IS NO PRIZE. ANY PRIZES LISTED ON www.abrandjeans.com IN RELATION TO THE ABRAND MODEL SEARCH ARE FOR SUBSEQUENT PHASES OF THE ABRAND MODEL SEARCH CAMPAIGN

Abrand Jeans has always celebrated up-and-coming models in the industry. For 2023, we are searching for the Next Icon. This “Model Search” is being held to assist us with identifying 50 people to receive an invite to an in-person casting held in various locations (the “Castings”). We are searching for individuals who represent the ideals of Abrand Jeans.

1. WHO CAN ENTER:

The Model Search is open worldwide to people at least 18 years of age (at the time of entry) who (i) have validly submitted an entry as described below, (ii) are not currently professional models or represented by an agent or manager in relation to modeling, and (iii) are not employees (and their immediate families) of Abrand Jeans and agencies associated with this Model Search. The Model Search is governed by Australian law and is subject to all applicable federal, state, and local laws and regulations. If you are prohibited from entering this Model Search by any local laws, rules or regulations, you may not enter. By participating in the Model Search, you fully and unconditionally agree to these Terms and Abrand Jeans’ decisions, which are final and binding in relation to all matters associated with the Model Search. If you are a minor in the jurisdiction in which you are entering, you represent and warrant that your parent of legal guardian has consented and agrees to these Terms. You also represent and warrant that you are not represented in the modeling space. Eligibility to be selected for an invite to the Castings is contingent upon complying with and fulfilling all requirements set forth herein.

Participation in this Model Search only provides an opportunity for participants to be considered for an invite to one of the Castings. This Model Search does not guarantee that any participant will be invited to any Castings or in-person meeting with Abrand Jeans or any promotional partner or agency. You understand and agree that Abrand Jeans has the right to select any participant to invite to the Castings or in-person meetings with Abrand Jeans and/or any other promotional partner(s).

2. GENERAL INFORMATION:

The entry period for this Model Search opens at 12:00AM AEDT on January 16, 2023 and ends at 11:59PM AEDT on February 13, 2023 (the “Entry Period”).

3. HOW TO ENTER:

During the Entry Period, each participant (the “Participant”) must post a short video (“Video”) on  Instagram or TikTok which is (i) publicly visible, (ii) includes the hashtag #AbrandNextIcons, and (iii) features the Participant wearing Abrand Jeans denim. The Participant has the option of creating their Video entry at any of our wholesale partner in-store locations if they do not own Abrand Jeans jeans. Any Video created in-store at a wholesale partner location must still fulfill all entry requirements as described above. Compliance with this set of entry requirements constitutes consent from the Participant for Abrand Jeans to publicly post the Video on www.abrandjeans.com (“Site”) whereby members of the public have the ability to vote for the entry that they think best represents Abrand Jeans ideals. All Video, and other information submitted by Participant shall be collectively referred to herein as the “Submissions” or each a “Submission”. Limit one (1) Submission per person. All Videos must not contain any copyrighted material and must be appropriately lit so that they are complete, decipherable and legible. No other method of entry will be accepted. Submissions that do not follow the Terms and Conditions may be disqualified at Abrand Jean’s discretion. All deadlines are based on the Australian Eastern Daylight Time Zone. All determinations of eligibility shall be final and binding. For the avoidance of doubt, Abrand Jeans may or may not provide Participants with confirmation of Model Search entry. No purchase or payment of any kind is necessary to enter or receive a call back. 

4. VIDEO & ENTRY INFORMATION CONDITIONS AND RESTRICTIONS:

By submitting your Video as per the entry requirements, you are consenting to Abrand Jeans using your Video for any use it sees fit (including but not limited to marketing, promotion and evaluating your Submission for the purposes of determining whether or not you will receive a callback to the Castings). Abrand Jeans will use your Instagram or TikTok profile to contact you for reasons relating to this Model Search and to notify you of information and news, and for other promotional purposes, relating to the brand, all in accordance with Abrand Jeans’ privacy policy at https://abrandjeans.com/pages/privacy-policy. Please review these Terms and Conditions and the Privacy Policy carefully. 

By participating in the Model Search, you hereby agree to Abrand Jeans’ collection and usage of any personal information included in the Submission for the purposes described above and acknowledge that you have read and accepted Abrand Jeans’ privacy policy.

5. CALLBACK DETERMINATION:

The decision as to which Participants will receive a callback to the Castings will be made as follows:

Submissions which meet the entry requirements will be made available on the Abrand Jeans Site, whereby members of the public can cast a vote for the entry that they think best represents Abrand Jeans ideals. The public may vote one time per Submission, but can cast a vote for as many Submissions as they like. If there is a dispute as to the legitimacy of a public vote, Abrand Jeans reserves the right, in its sole discretion, to disqualify the vote. 

Public voting will take place throughout the Entry Period and will finish at 11:59PM AEDT on February 13, 2023. The selected Participants will be notified (as described below) during that time. Any decisions by Abrand Jeans will be final and binding in all matters related to the Model Search.

No drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Selected Participants.  

6. NOTIFICATION:

Abrand Jeans will make up to two (2) attempts to notify each Participant selected for an invitation to the Castings (“Selected Participant”) via the Instagram or TikTok profile associated with that Selected Participant’s entry. Abrand Jeans is not liable if the Selected Participant is not reached or receives such notification too late to attend any of the Castings. Abrand Jeans requests that each Selected Participant please respond with a courtesy notification as to whether or not the Selected Participant will participate in the Castings and, if so, which location they will attend. Abrand Jeans makes no representations or warranties that all Selected Participants will be able to participate in the Castings and reserves the right, in its sole discretion, to decide whether or not to invite additional Participants in the event any Selected Participants cannot or decline to attend the Castings. Any costs associated with travel to/from or the attendance of any of the Castings by the Selected Participant are the sole responsibility of the Selected Participant.

7. CASTINGS:

The Castings are anticipated to be scheduled in two or more locations throughout Australia and the United States of America, and one or more locations in New Zealand, The United Kingdom, and Sweden at some point in February 2023 or March 2023. Each Selected Participant will receive an invitation to attend the Castings, which will set forth the exact time and locations of each Casting. Every Selected Participant will be allowed to participate in any one of the Castings provided the Selected Participant arrives at the time and place of one of the scheduled Castings. If you are a Selected Participant, please do not accept an invitation to the Castings if you will not be available to attend any of the Castings. Without limiting the foregoing, Selected Participants are solely responsible for their availability and ability to arrive at the time and location of one of the Castings. All costs and expenses, including travel and lodging, are the sole responsibility of each Selected Participant. Abrand Jeans is not liable in any way if a Selected Participant is not able to attend any Casting Day at its designated time and location. There is no guarantee that a selected participant will receive anything other than the right to participate in the Castings. Without limiting the foregoing, all participants expressly acknowledge that an invitation to the Castings does not ensure any selected participant will be a part of any Abrand Jeans campaign or in any other way be involved in or associated with Abrand Jeans. Abrand Jeans may not use any Selected Participant in any campaign and may instead use someone who did not participate in the Castings. Each participant acknowledges that there is no guarantee that a selected participant will meet any celebrity, model, or agent at any of the Castings.

8. CONDITIONS:

Only a Selected Participant who can verify via photo ID that they are the party who submitted the selected Entry will be allowed to participate in Castings. In addition, as a condition to participation in the Castings, each Selected Participant may be required to execute an Affidavit of Eligibility, a Liability Release and/or a Publicity Release and/or Participation Agreement or Waiver, and/or other documents requested by Abrand Jeans in its sole discretion, as well as parental or legal guardian consent, if applicable (collectively, "Affidavit/Release"). Such documents must be signed and returned in person at the Casting Day. If the documents are not signed and returned, or if an Participant is found to be ineligible, or if an Participant does not comply with these Model Search Terms, each as determined by Abrand Jeans in Abrand Jeans’ sole discretion, then the Selected Participant will be disqualified and not be allowed to participate in the Castings.

9. RELEASE:

By entering this Model Search, all Participants agree to release, and hold harmless Abrand Jeans, together with any and all of its promotional partners (each a “Promotional Partner”) and its and their respective parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Model Search such as celebrities/models associated with Abrand Jeans or taking part in the Model Search (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Model Search or Casting Day, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Model Search or Castings to be disrupted, postponed or canceled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Model Search or Casting Day other than those caused by the willful negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Model Search.

10. LIMITATION OF LIABILITY:

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The invitations to the Castings are awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Model Search and submitting an entry, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in a Castings, determination of a Selected Participants, or any other matter relating to the Model Search that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the Model Search, and (2) AUD$2,000, but in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Abrand Jeans products or campaigns, the Model Search, any website, content, advertising or other materials used, displayed or issued in connection with the Model Search, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. In no event will any of the Releasees by liable for any direct or indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with participation in the Model Search, whether such liability arises from any claim based upon contract warranty tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to all Participants. To the extent any limitations or exclusions to liability described above are not permissible in your jurisdiction, such limitations and/or exclusions will be deemed modified to comply with the applicable laws, rules or regulations in your jurisdiction.

11. GENERAL CONDITIONS:

By participating in the Model Search, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Abrand Jeans, which are final and binding on all matters pertaining to the Model Search. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Abrand Jeans reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Model Search in whole or in part. Abrand Jeans reserves the right to disqualify any Participant or Selected Participant, as determined by Abrand Jeans, where Abrand Jeans believes it is necessary and appropriate to do so, in its sole discretion and without liability to the Participant or Selected Participant. The Model Search is subject to these Terms and Conditions and all applicable federal, state, provincial, and local laws and regulations. The Model Search is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Model Search, including the rights and obligations of the Participant and Abrand Jeans in connection with the Model Search, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, (i) for Australian residents, the laws of the State of Victoria without giving effect to any choice of law or conflict of law rules (whether of the State of Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Victoria; (ii) for UK residents, the laws of the UK; (iii) for the United States of America residents, the laws of the State of California (iv) for New Zealand residents, the laws of Auckland, New Zealand; and (v) for Swedish residents, the laws of Stockholm, Sweden. Any legal actions, suits or proceedings related to the Model Search (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the (1) state or federal courts located in Melbourne, Victoria for Australian residents; (2) the United Kingdom courts for UK residents; (3) the courts of the State of California for the United States of America residents, (4) the courts located in Auckland, New Zealand for New Zealand residents; and (5) the courts located in Stockholm, Sweden for residents of Sweden. Each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Model Search. Abrand Jeans disclaims any responsibility to notify Participants of any aspect related to the conduct of the Model Search.

12. FORCE MAJEURE:

Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Abrand Jeans, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Abrand Jeans shall have the right to modify, suspend, or terminate the Model Search, and no Releasees shall be responsible or liable to any Participant or Selected Participant or any person claiming through such Participant or Selected Participant for failure to hold any Castings. Abrand Jeans is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail or social media account to receive e-mail or social media messages.

13. MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Abrand Jeans’ failure to (or decision not to) enforce any provision in these Terms shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Model Search-related materials and these Terms, these Terms shall prevail, govern, and control and the discrepancy will be resolved in Abrand Jeans’ sole and absolute discretion.

This Model Search is being sponsored by Three By One PTY LTD, ABN: 23 495 678 570, operating as Abrand Jeans.

For the avoidance of doubt, the Promotional Partners are not administrators of the Model Search and are in no way responsible for the administration of the Model Search. All inquiries regarding the Model Search should be addressed to Abrand Jeans and not to any Promotional Partner.