Wilhelmina Models, Inc.; Miraclesuit, a Division of Mainstream, Inc.; Macy’s Parade and Annual Events, a Division of Macy’s Corporate Services, Inc.; and Hearst Magazines, a division of Hearst Communications, Inc. which publishes O, The Oprah Magazine (together, the “Sponsors”) are the sponsors of this model search (the “Contest”). Contest begins April 10th, 2012 and ends May 23, 2012. Online entries must be received by 11:59 p.m. EST on May 23, 2012. Mail entries must be postmarked on or before May 23, 2012 and received by May 26, 2012. Open call entry materials must be received by time designated below. Entries and photos become property of the Sponsors and will not be returned.
1. ENTRY. There are three ways to enter the Contest:
(a) By Mail. Complete the official entry form, which can be found at www.wilhelminamodelsearch.com, include a twenty dollar ($20) non-refundable processing fee (make checks payable to Wilhelmina Model Search), and one (1) current (i.e. no older than one month) full-body color photo (no slides, transparencies or photocopies) depicting entrant’s appearance, personality, photogenic quality and vitality, at least 3”x4” but no larger than 8”x10”, labeled on the back with entrant’s name, address and phone number (“Entry Materials”). Mail Entry Materials to Wilhelmina Model Search, P.O. Box 9151, Garden City, NY 11530-9151
(b) In Person. Bring the Entry Materials listed above to an open call event held at the following locations: Wilhelmina Models, New York, NY (April 14, 2012 from 10AM-3PM EST); Wilhelmina Rochester, Rochester, NY (April 15, 2012 from 12PM-3PM EST); Wilhelmina Minneapolis, Minneapolis, Minnesota (April 21, 2012 from 2PM); Wilhelmina PA, Philadelphia, Pennsylvania (April 28, 2012 from 12PM-2PM); Macy’s, South Coast Plaza, Costa Mesa, CA (May 5, 2012, 12PM–5PM PST); Macy’s, Aventura Mall, Miami, Florida, (May 5, 2012 from 12pm-5pm EST); Wilhelmina of Denver, Denver, CO (May 5, 2012 from 11AM- 1PM MST); Macy’s, State Street, Chicago, IL (May 12, 2012, 12PM–5PM CST) ;Wilhelmina of Hawaii, Neal S. Blaisdell Center, Honolulu, HI (May 12, 2012 from 3PM-7PM HST); Wilhelmina Bazaar, El Paso, TX (May 12, 2012 from 2PM-5:30PM); Wilhelmina Brown, Austin, TX (May 12, 2012 from 2PM-5PM CST) ; and at any other locations designated and promoted by Sponsors.
(c) Online. Go to www.wilhelminamodelsearch.com, submit a completed online entry form, payment information and upload a current (i.e., no older than one month) full-body color photo in JPG, GIF, or PNG format. The file size must be 3MB (3072 Kb) or smaller.
Entry forms may be photocopied. Entrants may submit multiple entries; however, a separate entry form, photo and payment are required.
All photographs submitted must be the original creation of the entrant and the entrant must own all rights, title and interest in all aspects of the photograph(s). By submitting a photograph, the entrant represents and warrants that the photograph submitted is: (i) the entrant’s original creation; (ii) has not been copied in whole or in part from any other work; (iii) does not violate or infringe any copyright, trademark, privacy, publicity or other proprietary right of any person or entity; and (iv) is the entrant’s sole and exclusive property (if the photograph was taken by some other person, the entrant warrants and represents that the entrant has obtained all rights and permission from the person who took the photograph so that the entrant owns all rights, title and interest in all aspects of the photograph). By submitting a photograph, the entrant further represents and warrants that the entrant has all necessary rights to grant the Sponsors all publication and use rights in and to the photograph. By submitting a photograph, the entrant grants the Sponsors permission to post the photograph(s) on the Internet for public viewing and for possible use in promotional materials including print, online, and/or e-newsletters. By submitting a photograph that includes another person or persons the entrant acknowledges and confirms the entrant has their permission and consent. As determined by the Sponsors in their sole discretion, photographs that include material unfit for publication, objectionable material, material that defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any third party’s personal or proprietary rights will be disqualified. Photographs that are otherwise in violation of these Official Rules, as determined by the Sponsors at their sole discretion, will not be accepted.
2. ELIGIBILITY. Open to women who are legal residents of the United States (excluding its territories and possessions) or the District of Columbia and are 30 years of age or older as of May 23, 2012. Void where prohibited. Employees of Sponsors and/or their respective agents, affiliates, or subsidiaries and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, and members of their immediate families or persons residing at the same address are not eligible. There are NO height or size restrictions. Models who have previously performed services for other model management companies, but are not currently under contract, are eligible to enter. Models under contract with a competitive model management company or who have earned more than $25,000 in modeling fees in any one year during the last ten years are ineligible.
3. JUDGING. There will be three (3) rounds of judging:
(a) Semi-finalist Round. On or about May 26, 2012, a panel of qualified judges appointed by Sponsors will select thirty (30) semi-finalists (each a “Semi-finalist”) from among all eligible entries based equally on (i) appearance, (ii) personality, (iii) photogenic quality and (iv) vitality, as depicted by the photos in the Entry Materials. On or about May 29, 2012, Semi-finalists will be required to submit up to five (5) additional photos that meet entry guidelines, and a mandatory video, which will then also be viewable on each of the Semi-finalists’ profile pages on the Contest microsite (www.wilhelminamodelsearch.com), that the Semi-finalist must either upload to the specified hosting site or send to Wilhelmina Models. These videos will be viewable by the public. The video should be between 2-3 minutes in length, and Semi-finalists will be required to respond to a prompt that will be provided by the Sponsors. Video submissions should NOT include any background music or include any offensive content or nudity. Video submissions will be considered in the judging at the Semi-finalist Round and failure to submit a video will automatically disqualify the Semi-finalist from the Semi-finalist Round. Semi-finalist photo and video submissions must be uploaded to wilhelminamodelsearch.com no later than May 31, 2012 at 11:59pm EST. Failure to upload the video as required and/or provide the additional images will disqualify the Semi-finalist and no runners up will be selected at that point. Detailed instructions on how and where to upload videos will be provided to each Semi-finalist. Semi-finalists are required to complete and submit an affidavit and publicity release along with submission materials. All photos and videos will become property of Sponsors and will not be returned. Sponsors reserve the right to select less than thirty (30) Semi-finalists if, in their sole discretion, they do not receive a sufficient number of eligible and qualified entries.
(b) Finalist Round. On or about June 6, 2012 a panel of qualified judges appointed by Sponsors will select nine (9) Finalists based on the above criteria. Online audience voting will be incorporated into the Finalist Round to enable the public to vote for their favorite Semi-finalist. The audience voting will take place between June2, 2012 and June5, 2012 by 11:59 p.m. EST. The Semi-finalist receiving the most votes will move on to the Finals Event (as defined below), for a total of ten (10) Finalists. The ten (10) Finalists will be notified by e-mail and telephone on or about June 6, 2012. Finalists will be required to travel to the Finals Event and depart on dates specified by the Sponsors. Failure to attend the Finals Event and/or travel on specified dates will result in disqualification and forfeiture of prizes, and participation in the Finals Event will be awarded to the next runner-up from among the Semi-finalist pool. The Finals Event will take place over three (3) days, on or about June 25, 2012–June 28, 2012.
(c) Winners Round. During the Finals Event (as defined below), a live judging (“Live Judging”) will occur (exact date(s) and location(s) to be determined by the Sponsors). Finalists will be judged by a panel of qualified judges appointed by Sponsors, based on the following criteria: (i) personality, including vitality, poise and friendliness (25%); (ii) photogenic appearance (50%); and (iii) interaction with judges, including communication skills (25%). Based on the scores calculated during the Live Judging, the judges will select one (1) grand prize winner (the “Grand Prize Winner”), one (1) first runner up (the “First Runner-up”), and one (1) second runner up (the “Second Runner-up”, and, together with the Grand Prize Winner and First Runner-up, the “Winners”) The Winners will be revealed on or about June 27, 2012 (the “Reveal Event”).
If a tie occurs in either the Semi-finalist Round or the Finalist Round, the entry having the highest score in the criterion of photogenic quality will be deemed the winner. If a tie occurs during the Winners Round, entries involved will be re-judged according to the criteria listed above by an additional judge who will serve as the tie breaker. Decisions of judges are final and binding in all respects.
4. FINALS EVENT. The Finals Event shall include, but not be limited to, the following activities, which shall take place over a three (3) day period and must be attended by all Finalists: (a) an orientation dinner; (b) the Live Judging (exact time and place to be determined by Sponsors); (c) one (1) or more photo shoots; (d) Reveal Event; and (e) a party to honor the Finalists and Winners.
5. PRIZES. Prizes will be awarded as follows:
(a) Finalist Prize. Each of the ten (10) Finalists will receive a three (3) day/two (2) night trip to New York City to participate in the Finals Event (the “Finals Event Trip”). The Finals Event Trip includes: (i) round-trip coach air transportation between New York City and the major domestic airport nearest Finalist’s residence; (ii) ground transportation to and from the New York area airport and all Finals Event activities; (iii) standard hotel accommodations; and (iv) three (3) meals per day (ARV $3,000). In addition, the Finalists will each receive a gift card to Macy’s (ARV $100) and a wardrobe from Miraclesuit (ARV $500).
(b) Grand Prize. In addition to the Finalist prizes listed above, the Grand Prize Winner will receive: (i) a contract with Wilhelmina Models (ii) an additional gift card to Macy’s (ARV $1000); and (iii) an additional wardrobe from Miraclesuit (ARV $1000), an appearance in O Magazine.
(c) First Runner-up Prize. In addition to the Finalist prizes listed above, the First Runner-up will receive: (i) an additional gift card to Macy’s (ARV $500) and (ii) an additional wardrobe from Miraclesuit (ARV $750).
(d) Second Runner-up Prize. In addition to the Finalist prizes listed above, the Second Runner-up will receive:; (i) an additional gift card to Macy’s (ARV $500) and (ii) an additional wardrobe from Miraclesuit (ARV $750).
The Winners must agree to standard contract terms, including Wilhelmina’s standard commission on gross income and entitlement to a customer-service charge, and may be required to travel, for which expenses may not be reimbursed.
All federal, state and local taxes associated with the receipt or use of any prizes are the sole responsibility of the winner. Total ARV of each Finalist Prize: $3,600. Total ARV for Grand Prize (including contract): $5,600. Total ARV for First Runner-up Prize (including contract): $4,850 Total ARV for Second Runner-up Prize (including contract): $4,850. All gift cards are subject to issuer restrictions. Sponsors reserve the right to substitute prizes (or portions thereof) of equal or greater value if prizes (or portions thereof) cannot be awarded as described. Sponsors will determine all elements of prizing in their sole discretion. Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsors. Prizes are awarded “as is” with no warranty or guarantee express or implied. Sponsors disclaim all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners. The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules and agree that if any winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated the Official Rules or otherwise does not meet eligibility criteria, prizes will be forfeited and awarded to the next runner-up. Entrants understand that Sponsors are not liable for injuries, losses or damages of any kind arising from participation in this promotion and acceptance, possession and use of prize. Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prize. Decisions of Sponsors are final and binding in all respects.
6. PRIVACY. By entering the Contest and providing the required entry information, each entrant acknowledges that Sponsors may contact the entrant regarding this Contest and may also send the entrant information, samples or special offers about Wilhelmina’s services, Miraclesuit products, Macy’s, and O Magazine, or other complementary goods or services offered by Sponsors that Sponsors determine may be of interest to the Contest entrants. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS PROMOTION.
7. DISPUTE RESOLUTION. Except where prohibited, by participating Contest entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Sponsors and their agents, shall be governed by and construed exclusively in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of New York and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to every entrant.
8. MISCELLANEOUS. Sponsors reserve the right, at their sole discretion, to reject, disqualify, modify, edit, revise, and remove any nude, obscene, defamatory, profane, offensive, lewd, or pornographic entries, subjects, entries, or videos and photos, or any entry or part thereof which Sponsors, in their sole discretion, determine to be inconsistent with their editorial standards, audience expectations, or reputational interests, or that Sponsors believe may violate any applicable law or regulation or the rights of a third party. By entering this Contest, entrants consent to a background check and Sponsors reserve the right, at their sole discretion, to disqualify any entrant whose participation may, for any reason or perceived reason, subject the Contest, Sponsors, or Sponsors’ advertisers, clients or customers to negative publicity, controversy, scorn, or ridicule. Sponsors assume no responsibility for entries they are unable to process due to network, hardware or other technical failures or any other reason, or incomplete, damaged, misdirected, illegible, stolen or lost mail, on-site or online entries. Sponsors reserve the right, in their sole discretion, to disqualify any person tampering with the entry process, the operation of the web site or who is otherwise in violation of the Official Rules. Sponsors further reserve the right, in their sole discretion, to modify, terminate or suspend this Contest should any computer virus, bug, technical corruption, unauthorized human intervention or force majeure affect the administration, security or proper play of the Contest or Sponsors otherwise become incapable of running the Contest as planned. In the event of cancellation, Sponsors reserve the right to select Winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the Contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the holder of an established e-mail account associated with the entry.
9. GENERAL: Except where prohibited by law: (a) entry constitutes permission to use each entrant’s name, hometown, voice, likeness, photograph and any statements regarding this Contest for editorial, public relations, promotional and advertising purposes on behalf of Sponsors without compensation; and (b) Semi-finalists will be required to complete and return an Affidavit of Eligibility/Liability Release and Publicity Release within seven (7) days of notification or the entry with the next highest score may become an alternate Semi-finalist. If Semi-finalist or Finalist notification is returned as undeliverable, the entry with the next highest score may become an alternate Semi-finalist or Finalist, respectively. By participating and winning a prize, Winners release Sponsors, and their parents, affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents from any and all liability with respect to the prize won and participation in the Contest. This Contest is subject to all U.S. federal, state and local laws and regulations and is void where prohibited. Taxes on prizes are the sole responsibility of winners. The Semi-finalists will be posted on www.wilhelminamodelsearch.com on or about June 2, 2012. The Finalists will be posted on www.wilhelminamodelsearch.com on or about June 8, 2012. The Winners will be posted on www.wilhelminamodelsearch.com on or about July 1, 2012.