TERMS

Cosmopolitan Curve Model Search
(“Search”)
Terms and Conditions

1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Search, you agree to be bound by these terms and conditions.

Entry

2. The Search commences on 30 October 2017 and ends on 2 July 2018 (“Search Period”).

3. You must be a female aged 18 years or over to enter. Entry is open to Australian residents. Entrants must be willing and able to enter into a model representation contract with Bella Management. Subject to being so willing and able, entrants may be represented by a modelling agency at the time they enter the Search and during the Search Period but must not, for the 6 months prior to 30 October 2017 or at any time during the Search Period have engaged in any paid, commercial modelling work. Employees of the Organiser and their immediate family and other persons associated with the Search are ineligible to enter.

4. You can enter by completing the entry form appearing in the January and February 2018 issues of Cosmopolitan or handed out at any roadshow associated with the Search (“Roadshow”). The entry information includes your first name, last name, date of birth, address, telephone number and email address. The entry will also require you to answer the questions: what are your hobbies and interests; why do you think you would be a good role model for Cosmopolitan readers; what is your number one confidence tip; and what is your dream for the future? You will also be required to confirm that you are willing to enter into a model representation contract with Bella Management and that you are not subject to any restrictions that would prevent you from doing so. You must provide the entry form to a staff member of the Organiser at a Roadshow by the time specified for that Roadshow. Your entry form must be accompanied by a photograph of you, which will be taken by a staff member of the Organiser at the Roadshow. Unless there is a technical fault or at the judge’s discretion, only one photograph will be taken of you at the Roadshow. The Roadshows are intended to occur at:

State DATE LOCATION
NSW 9th March 2018  Myer Sydney 
VIC 10th March, 2018  Myer Melbourne 
QLD 17th  March, 2018  Myer Brisbane 
SA 23rd March, 2018  Myer Adelaide 
WA 24th March, 2018  Myer Perth 


Venues and dates are subject to change. Check www.cosmopolitan.com.au/curve for up to date details and for times.

5. You do not have to enter at the Roadshow corresponding with your state of residence but only one entry per person will be permitted. In order to be a winner at a Roadshow, you must be present in person at the Roadshow at the time of judging of the winners.

6. Any costs associated with entering the Search are the entrant’s responsibility, including any cost of travelling to a Roadshow.

7. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; (f) unlawful; (g) obscene; or (h) capable of giving rise to civil liability. Any such entry will be ineligible and will be discarded. Any entry that the judges deem otherwise inappropriate will be ineligible and will be discarded.

8. The Organiser reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.

9. The Organiser is not responsible or liable for an entry not being received by the Organiser for any reason whatsoever.

10.

11. Entries will not be returned. No responsibility will be taken by the Organiser if an original entry is lost or damaged.

12. You warrant to the Organiser that your entry is an original work that does not infringe the rights of any person. You warrant that you own or have all necessary licences, rights, consents and permissions to use and authorize the Organiser to use all copyright or other proprietary rights in and to your entry to enable inclusion and use of your entry in the manner contemplated by these terms and conditions. If any part of your entry was provided by a third party, you warrant that you have obtained the relevant copyright permission to submit the entry for the purposes of the Search.

13. You indemnify the Organiser against all claims and costs by third parties arising from a breach of the warranties contained in these terms and conditions.

14. You grant to the Organiser an irrevocable, worldwide and perpetual licence to use your entry in any manner and for any purpose at its absolute discretion, including using your entry for promotional, marketing or publicity purposes without any further reference or payment or other compensation to you. The Organiser may amend, edit, select, crop, retouch, add to or delete from any part of your entry.

15. The Organiser will not be liable for any breach of copyright in connection with your entry. You will be solely responsible your entry and the consequences of submitting it.

16. The Organiser may use and may permit others to use your entry at its absolute discretion, including in connection with a story or feature on the Search to be published in any of its print or digital publications, without further remuneration or reference to you.

17. By entering the Search, you understand and agree that you may be approached by Bella Management and given the opportunity to sign up for representation by Bella Management.
Representation by Bella Management is subject to the standard terms and conditions of representation of Bella Management.

18. You may be filmed, photographed or interviewed by the Organiser, Bella Management, Taking Shape or Myer at the Roadshows or on other occasions in connection with your entry in the Search.

19. You will participate and co-operate in any further activities requested in connection with your entry in the Search, including being filmed, photographed and/or interviewed and agree to being contacted by the Organiser (or any partner of the Organiser) for the purpose of any such further activity.

20. You will sign any additional release or consent requested by the Organiser or any partner of the Organiser.

21. You may appear in any print or digital publication of the Organiser and you consent to the use of your name, likeness, voice and biographical material in connection with any such publication.

22. You consent to the Organiser exploiting all rights in and to any film, photographic or other works including your appearance, and acknowledge that the Organiser may exploit those rights in any way and in any place and in any media worldwide.

23. You release and indemnify the Organiser and its partners, servants and agents from any claim by or on behalf of you and arising out of any loss, damage, accident or injury to you as a result of your entry in the Search and the exercise of the rights granted in these terms and conditions.

Judging and award of prize

24. The Search is a game of skill; chance plays no part in determining the winner. Each entry, State Finalist, National Finalist and the winner will be individually judged based on merit. The judges’ decision will be final and binding on every person who enters. No correspondence will be entered into.

25. The judging of entries at each Roadshow will be conducted by a panel of judges appointed by the Organiser on the date of and at the location of that Roadshow. Up to 5 valid entries at each Road Show as determined by the judges will be the “State Finalists”. In determining the State Finalists, the judges will have regard to, among other things, the originality and creativity of each entry. The winner at each Roadshow will be notified in person on the day of the Roadshow.

26. From the State Finalists, a panel of judges appointed by the Organiser will select up to 5 “National Finalists”. The judging of the National Finalists will take place at the Organiser’s offices at 54 Park Street, Sydney and will begin on 27 March 2018. In determining the National Finalists, the judges will have regard to, among other things, the State Finalists overall performance throughout the Search. Each National Finalist will be notified by telephone and
in writing within 7 business days of the judging using the contact details provided in their entry.

27. Each National Finalist must attend a photo shoot at the Organiser’s offices at 54 Park Street, Sydney on 4 April 2018 or 5 April 2018 (with those dates being subject to change) (valued at up to $10,000). If a National Finalist cannot attend that location on the relevant date, that person will forfeit their entry and an alternative National Finalist will be selected by the panel of judges appointed by the Organiser. The photographs from the photo shoot will be featured in the June 2018 issue of Cosmopolitan and on cosmopolitan.com.au/curve.

28. For each National Finalist that is not a resident of ACT or NSW, the Organiser will arrange and pay for one return economy airfare from that person’s nearest capital city to Sydney for the photo shoot (up to a total value of $600).

29. Each National Finalist must sign a 12-month model representation contract with Bella Management if one is offered to them. If a National Finalist, for any reason, refuses to sign that contract, that person will forfeit their entry and an alternative National Finalist will be selected by the panel of judges appointed by the Organiser.

30. Each National Finalist acknowledges that the Organiser will conduct an online public vote of the National Finalists at cosmopolitan.com.au/curve to assist in the selection of the winner of the Search. The public vote will commence on 7 May 2018 and close at 11.59 AEST/AEDST on 4 June 2018. The results of the public vote will not be determinative of the winner but will be one matter that the judges take into account in selecting the winner. Without limiting any other consent provided under these terms and conditions, each National Finalist consents to their name, image and biographical information being used in connection with the public vote.

31. A National Finalist must not offer any person any incentive to vote for them. The Organiser reserves the right to verify the validity of votes and to disqualify any entrant who tampers with the voting process. The Organiser accepts no responsibility for any votes not received by the Organiser or delays in the delivery of votes due to any reason whatsoever. A vote will only be counted as being received once it has been received by the Organiser and not when it was sent.

32. From the National Finalists, a panel of judges appointed by the Organiser will select 1 winner of the Search. The judging of the winner will take place at the Organiser’s offices at 54 Park Street, Sydney and will begin on 6 June 2018. In determining the winner, the judges will have regard to, among other things, the results of the public voting and the National Finalists’ overall performance throughout the Search. The winner will be notified by telephone and in writing within 7 business days of the judging using the contact details provided in their entry.

33. The winner must attend a photo shoot at the Organiser’s offices at 54 Park Street, Sydney on a date to be determined in June 2018 (with that date being subject to change) (valued at up to $10,000). If the winner cannot attend that location on the relevant date, that person will forfeit their entry and an alternative winner will be selected by the panel of judges appointed by the Organiser. The photographs from the photo shoot will be featured in the August 2018 issue of Cosmopolitan and on cosmopolitan.com.au/curve.

34. If the winner is not a resident of ACT or NSW, the Organiser will arrange and pay for one return economy airfare from that person’s nearest capital city to Sydney for the photo shoot (up to a total value of $600).

35. The winner will receive a 3-year contract with Bella Management, including portfolio shoot and all costs associated with representation and marketing over the term of the contract. The winner must sign that contract. If the winner, for any reason, refuses to sign that contract, that person will forfeit their entry and an alternative winner will be selected by the panel of judges appointed by the Organiser.

36. The total prize pool is valued at up to $29,800 (including GST).

37. The winner must take the prize as offered.

38. If, for any reason, the winner does not take the prize at the time stipulated by the Organiser, the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

Terms relating to flights

39. If you are the recipient of a flight as part of the Search, the following terms and conditions apply.

40. Changes to flight schedules may require additional overnight accommodation and associated expenses at the commencement of, during or on completion of the travel. Such accommodation and expense is at the recipient’s expense.

41. The recipient is responsible for all ancillary expenses associated with the flight, including spending money, meals, drinks, transfers, travel to and from the departure point, incidentals, gratuities, services charges and travel insurance. Any extension to the duration of the travel beyond that provided for is at the recipient’s sole expense and subject to availability at the time of booking. Travel insurance is highly recommended to protect against additional costs incurred in the event of unforeseen circumstances.

42. Frequent flyer points will not form part of the prize. It is the recipient’s responsibility to ensure that they have all relevant documentation in order to travel.

43. The flight is subject to the standard terms and conditions of the airline and the recipient must comply with such terms and conditions.

44. Prize values are based upon the full fare prices as at 30 October 2017. The Organiser accepts no responsibility for change in value between now and the redemption date.

45. The recipient must not engage in any illegal or unsafe behaviour whilst travelling. To the extent allowable by law, the Organiser excludes any legal liability or responsibility for incidents that occur or activities engaged in by the recipient during travel.

Terms relating to Bella Management

46. If you are the recipient of a model representation contract with Bella Management (either a National Finalist who is offered such a contract or the winner), the following terms and conditions apply.

47. The recipient acknowledges that the contract will grant Bella Management exclusive rights to represent her in her modelling and promotional activities and she will not be able to enter into any arrangement for similar work with any other modelling agency without written approval of Bella Management during the relevant period.

48. The recipient acknowledges that the contract is an arrangement between Bella Management and her and that the Organiser is not a party to that contract and has no rights or liabilities under it.
Terms relating to promotional activities in association with Cosmopolitan

49. The winner acknowledges that she will be an ambassador for Cosmopolitan for a 1-year period from the date of her announcement as winner. The winner will make herself available for shoots throughout the year (at dates and times to be determined by the Organiser) and to participate in features and contributions.

50. The winner must sign all legal documentation (including but not limited to a Cosmopolitan Ambassador/Cosmopolitan Model Search Winner Agreement) as provided to her by the Organiser with the form of that documentation to be determined by the Organiser in its discretion.

51. The winner agrees to be interviewed and photographed by the Organiser at times and places nominated by the Organiser for a feature on the Search to be published in Cosmopolitan and its associated websites and digital platforms (and elsewhere as determined by the Organiser). All control relating to any such story or feature will remain with the Organiser at all times.

52. The winner acknowledges that she will not necessarily be the only person featured in the feature and that some aspects of the promotion and reporting of the Search may not feature her. The Organiser makes no representations as to the amount of exposure the winner (or any other participant in the Search) will receive as a result of participation in the Search and may use or not use the winner’s name, image and likeness at its discretion.

53. The winner (and each other participant in the Search) warrants that all statements made by her in connection with the feature or otherwise in connection with her participation in the Search will not be false or misleading and will be true in substance and in fact.

General

54. The Organiser may refuse to allow any finalist or winner to take part in any or all aspects of the Search if the Organiser determines, in its absolute discretion, that she is not in the mental or physical condition necessary to be able to do so.

55. For the avoidance of doubt, each entrant irrevocably consents to the Organiser using her name, image and biographical information in and in connection with the Search.

56. The Organiser accepts no responsibility for any loss incurred if any scheduled event associated with the Search, including a Roadshow, is cancelled, postponed or rescheduled for any reason whatsoever.

57. The Organiser’s decision in relation to all aspects of the Search is final and no correspondence will be entered into.

58. The Organiser may, for any reason, including unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster), cancel, terminate, modify or suspend the Search.

59. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Organiser (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Search; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Search; (ii) any technical difficulties or equipment malfunction (whether or not under the Organiser’s control); (iii) any theft, unauthorised access or third party interference; (iv) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Organiser) due to any reason beyond the reasonable control of the Organiser; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.

60. Subject to the Non-Excludable Guarantees, the Organiser makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.

61. The Organiser collects personal information (“PI”) to conduct the Search and may disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry in the Search is conditional on providing this PI. The Organiser will also use and handle PI as set out in its privacy policy, which is available at http://www.bauer-media.com.au/privacy. In addition to any use that may be outlined in the Organiser’s privacy policy, the Organiser may also, for an indefinite period, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. You should direct any request to opt out, access, update or correct PI to the Organiser and direct any complaints regarding treatment of you PI as set out in the Organiser’s privacy policy. All entries become the property of the Organiser.

62. The Organiser is Bauer Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000).

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