Merchandise and Purchases
Please keep in mind that while we might offer a variety of merchandise for sale on the Site, we cannot guarantee availability at a particular time; and certain merchandise available in our stores might not be available on the Site, and vice versa. We reserve the right to change our merchandise offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the Site from time to time in our discretion.
Except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment, prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, and (iv) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Purchase transactions are subject to our company returns policies as they may be in effect from time to time; otherwise, all charges from sales are nonrefundable, and all merchandise purchases are final. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because purchases on the Site require a valid credit card, only persons over 12 are placing orders for gift cards, and providing us with the information requested during the gift card order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
The Site contains copyrighted material and other information proprietary to Risque Marketing (), its licensees and licensors, and other third parties. Except as otherwise permitted by law, you may not copy, modify, publish, distribute or otherwise exploit any content (including, but not limited to, text, logos, trademarks, trade names, service marks, images, graphics, photographs, video recordings, music, media, or software) on the Site (collectively, the “Content”) without the express consent of Risque Marketing () and any other relevant rights owner, except that you may download Content for your personal non-commercial use only, so long as you keep intact all of the copyright and other proprietary notices. The Site as a whole, and the arrangement of Content thereon, is copyrighted and owned by Risque Marketing (), and Risque Marketing () reserves all rights not expressly granted hereunder.
We take intellectual property rights seriously, and work hard to protect not only our own intellectual property rights, but also the intellectual property and similar rights of artists and others. If you believe that your copyright-protected work has been copied and posted on the Site constituting copyright infringement, you may provide our Internet Administrator with: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Here is the contact information:
7645 E. Evans rd. #3
Scottsdale, AZ 85260
[email protected] ().com
Notice: Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.
We cannot be responsible for the accuracy of any user content contained in any Forum or otherwise on our Site.
There are two general purposes you might submit content to us via the Internet (or via other means). The first is in connection with a contest or other promotional activity. The second is in connection with a Forum. In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest or promotion, in consideration of your entry therein you shall by your submission be deemed to have assigned to us all right, title and interest in the same you may have; and you agree to execute any further documentation to effect or memorialize such transfer.
You represent and warrant that: (i) you own any content posted by you on the Site or otherwise submitted to us in connection with the Site or any offering thereunder, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such content on or in connection with the Site or any offering thereunder does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. The Forums shall be used only in a noncommercial manner.
We may delete any content provided by you at any time. And we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.
Risque Marketing () Mobile – Terms & Conditions
Risque Marketing () is pleased to offer mobile communication services to help you get the latest information about events, offers, and promotions that we offer. You may opt-in to our mobile communications service to receive mobile text messages from us, contact our Customer Service and to receive voice calls from us, including by texting JOIN to 86742. If you elect to receive such Texts and Calls, we may send you, from time to time, alerts for special events, special offers, discount codes, or other communications that we believe may interest you, via text (SMS) messages or voice calls, which we may make or send through various means, such as manually dialed, autodialed or prerecorded means, to your mobile phone. (The SMS service and our voice call services to your mobile phone are collectively referenced as the Risque Marketing () Mobile. You may opt-out of Risque Marketing () Mobile at any time by texting STOP to 86742.
By electing to receive text messages or voice calls from us to your mobile phone, you are agreeing to these Risque Marketing () Mobile – Terms & Conditions. Among other things, you consent to being contacted by or on behalf of Risque Marketing () by text message or by voice calls to the mobile phone number(s) you provide or indicate, for any purpose (including sales, marketing, and promotional offers), by any means (including an automatic dialing system or prerecorded calls) regardless of whether the number(s) you provide is listed on the federal Do-Not-Call Registry or any state equivalent. Note that your consent is not required for you to buy any goods or services from us.
Managing the SMS Service
To Unsubscribe or Cancel. If you wish to stop receiving text messages from us, text STOP via your mobile phone to 86742 if you wish to cancel all text message alerts. Any request to cancel or unsubscribe from text messages may take up to 48 hours to be processed.
For Help. For additional information or assistance regarding our SMS Service, please contact us at [email protected]
Wireless Service Providers.
Our Risque Marketing () Mobile services are available only to our customers who have a registered, active mobile phone that is enabled for text messaging. They are available for most mobile phones from most U.S. wireless service providers. United States participating carriers include:
Alltel, Appalachian Wireless, AT&T, Bluegrass Wireless, Boost, Boost Unlimited, Cellcom, Cellular South, Cellular One of East Central Illinois, Centennial Wireless, Cincinnati Bell, Cingular, Cricket Communications, Dobson, Immix, Nextel , nTelos, Revol, Sprint, T-Mobile, Unicel (Rural Cellular), US Cellular, Verizon, Virgin Mobile US, West Central Wireless. This list may be updated from time to time and additional carriers may be added.
Risque Marketing () Mobile is only available to residents of the continental U.S., Alaska, Hawaii and U.S. territories.
Viewing site content via WAP (Wireless Application Protocol) requires interactive mobile devices capable of viewing WML (Wireless Markup Language).
You agree to provide a valid mobile phone number that you are authorized to use.
If you enroll with Risque Marketing () Mobile, we may send any text messages through your wireless service provider in order to deliver them to you. You agree that your wireless service provider is acting as your agent in this capacity.
We do not charge a fee to participate in our Risque Marketing () Mobile services. However, you acknowledge and agree that your wireless service provider may charge you for sending or receiving text messages as part of the SMS Service and/or there may be additional charges from your wireless providers that may apply. You should check with your wireless service provider for text message and data rates. You will be solely responsible for any fees charged by your mobile carrier for any and all Texts that you send to, or receive from, us. Message frequency varies, but we expect to send you up to 1 promotional text message per week.
The SMS Service will be discontinued to you if you change wireless service providers or if your wireless service is deactivated for the mobile phone number you provide us. You will need to re-activate the SMS Service in those situations if you wish to continue receiving text message alerts from us.
Delivery of Text Messages.
We may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an “automatic telephone dialing system” or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. Â§ 64.1200.
The SMS Service may not be encrypted and our text messages to you may include personal or confidential information about you, such as your account activity or status. You agree to protect your mobile phone or mobile device that receives information through the SMS Service and not to let any unauthorized person have access to the information we provide to you through the SMS Service.
The information in any text message may be subject to certain time lags and/or delays. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your mobile service operator.
Data obtained from you in connection with our Risque Marketing () Mobile services may include your mobile phone number, your carrier’s name, and the date, time and content of your text messages to us, as well as other information that you provide.
You will never receive a text message from us that asks you to send any sensitive personal or financial information such as your Social Security number. If you ever receive such a request for sensitive or personal information, do not respond to the message and call us [email protected] to report the incident.
You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorney’s fees) arising from your provision of a mobile phone number that is not your own or your violation of any applicable federal, state, or local law, rule, regulation or ordinance, and arising from your use of Risque Marketing () Mobile services. Your obligations under this paragraph shall survive even after you unsubscribe from receiving text messages or calls from us or after we terminate Risque Marketing () Mobile services or these Risque Marketing () Mobile – Terms & Conditions.
We reserve the right to terminate Risque Marketing () Mobile services, in whole or in part, at any time without notice.
This Site and all Content available on this Site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of accuracy, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge by your use of this Site that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site.
Under no circumstances, including but not limited to negligence, shall Risque Marketing () be liable for any or consequential or other damages that result from the use of, or the inability to use, this Site, even if Risque Marketing () or a Risque Marketing () representative has been advised of the possibility of such damages (the foregoing being subject to any contrary provisions of applicable law). Risque Marketing () expressly disclaims any liability in connection with your use of any Content derived from the Site.
These terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. All users agree that any legal actions related to the Site shall be brought and conducted in Los Angeles County, Arizona, and users hereby consent to jurisdiction of such county. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or Comments
7645 E. Evans rd. #3
Scottdale, AZ 85260
[email protected] Marketing ().com
Providing Information Is Voluntary
On the Site, we ask you to provide us with information that could reasonably be used to identify you personally (e.g., your first and last name, your e-mail address, and your date of birth), other personal information (e.g., your occupation and hobbies) along with a photograph and video recordings of yourself (collectively, “Information and Content”). Although necessary to apply to participate in the Program, providing us with information about yourself is completely voluntary.
While we incorporate commercially reasonable safeguards to help protect and secure your Information and Content, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your Information and Content at your own risk. Please think carefully before deciding what information you share in connection with your submission.
Use and/or Disclosure of Your Information and Content
We may use your Information and Content to determine your suitability as a potential participant in the Program, to contact you in connection with any potential future meetings or auditions for the Program, for marketing materials and promotional offers, as well as for other internal business purposes. If you are selected as a potential finalist to participate in the Program, your Information and Content will be shared with producers and/or production companies we work with as well as distributors of the Program and other related parties in connection with your consideration to participate on the Program.
We also may share your Information and Content with our parents, subsidiaries and affiliates, and may transfer your Information and Content to any subsequent owner, co-owner or operator of the Site or in connection with a merger, consolidation, bankruptcy, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process related thereto.
To the fullest extent permitted by applicable law, we may also disclose your Information and Content to comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).
Children Under 18
We understand the importance of protecting children’s privacy in the interactive world. We do not intend to collect Information and Content from anyone under the age of 18. In the event that we become aware that we have collected Information and Content from any child under the age of 18, we will dispose of that Information and Content in accordance with the Children’s Online Privacy Protection Act and any other applicable laws and regulations.
RISQUE MARKETING () MODEL SEARCH
Official Rules of Program, Contest and Conduct As of May 22, 2016 RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1
PROGRAM OVERVIEW NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS IN NO WAY
SPONSORED, ADMINISTERED OR ENDORSED BY FACEBOOK. “MyRisque Marketing () Model Search” 2016 Contest (the “Contest”) is sponsored by Risque Marketing (), LLC (“Risque Marketing ()” or “Sponsor”). The Contest is being conducted in connection with the MyRisque Marketing () Model Search video program (the “Program”) that is being produced by Over Easy Productions, Inc. (“Producer”). Producer and Sponsor will conduct the “MyRisque Marketing () Model Search” 2016 Contest in order to select Participants, Finalists and ultimately one (1) Finalist to be named the Winner of the Contest. Contest begins on May 23, 2016 and ends on October 28, 2016 (the “Contest Period”). Applicants who meet the requirements set forth in these Official Rules may enter the Contest by completing an online application (the “Application”). Sponsor will select ten (10) women (the “Participants” and each a “Participant”) from among all eligible applicants that are received during the Contest Period. The ten (10) Participants will be flown to Scottsdale, AZ, AZ for a test photo shoot and interview. From the ten Participants, four (4) finalists (the “Finalists” and each a Finalist) will be chosen by a select panel of Risque Marketing () judges to compete through online voting on Facebook.com (and other means which may be made available by Sponsor) to be the “Face of Risque Marketing () 2017” and win the Grand Prize (as defined below). Sponsor will provide additional details regarding online voting, including the mechanisms for doing so and applicable rules, prior to the Voting Period. The four (4) Finalists will again be flown to Scottsdale, AZ, AZ after the Voting Period.
APPLICATION REQUIREMENTS In order to be considered for selection as a Participant/Finalist, you must submit an Application, available at www.Risque Marketing ().com/modelsearch, between 12:01 a.m. (Pacific Daylight Time), May 23, 2016 and 11:59 p.m. (Pacific Daylight Time), August 7, 2016. In addition to completing an Application, eligible applicants may also participate in an optional live casting event. Additional information regarding the live casting events is available at www.Risque Marketing ().com/modelsearch. Sponsor recommends that applicants submit their Application before attending a live casting event. If you provide any information to Sponsor or Producer, whether as part of the Application or otherwise, you shall provide only true, accurate, current and complete information. If any information submitted as part of the Application changes during Contest Period, you shall provide updated information to Sponsor so that the information submitted as part of the Application remains accurate throughout the Contest Period. By submitting any photographs or videos as part of the Application (collectively, “Applicant Content”), you hereby grant to Producer and Sponsor a perpetual, royalty-free, non-exclusive,
RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1 worldwide license to use, reproduce, create derivative works based on, distribute, display and perform any Applicant Content (i) in and in connection with the Contest and/or Program, (ii) to advertise and promote the Contest, Program and Sponsor, and (iii) for such other uses as Sponsor may determine in Sponsor’s sole discretion.
ADDITIONAL REQUIREMENTS FOR FINALISTS If a Participant is selected as a Finalist, she will be required to promote herself online and through social media to solicit votes from the public. Each Finalist must post online about Sponsor’s model search at least 3 times per week from October 3, 2016 to October 28, 2017 (the “Voting Period”). Each online post shall include the hashtag or other notice specified by Sponsor, and shall comply with all applicable laws, rules and regulations.
SELECTION OF THE PARTICIPANTS, THE FINALISTS & THE WINNER The Participants will be selected by Sponsor based on (1) the information provided in the Application and obtained through a background check, and (2) the applicant’s performance at a live casting event, if applicable. The Finalists will be selected by Sponsor based on those criteria above and the Participant’s performance in a photo shoot, interview and/or video-taping session(s), as applicable, conducted by Sponsor. The Finalist with the most number of votes at the end of the Voting Period will be the “Winner”, subject to final approval by Sponsor. The number and identity of the individuals judging the Participants and deciding the Winner shall be determined, and may be changed at any time with or without notice, by Sponsor in its sole and absolute discretion. Sponsor reserves the right in its sole and absolute discretion to judge the Participants and select the Winner pursuant to such criteria and/or methodology as it determines.
PARTICIPANT REQUIREMENTS To be eligible to participate in the Contest, applicants must meet all of the following criteria: (a) Applicants must be at least 18 years old at the start date of the Contest Period. (b) Applicant must be a legal U.S. citizen, permanent resident or otherwise legally able to work in the United States and be eligible to accept the prize, if awarded, with the unrestricted right to work for any United States employer and live in the United States between January 1, 2017 and December 31, 2017. Applicant must provide proof of such eligibility to Producer (acceptable forms of proof of Participant’s eligibility include a valid U.S. passport, U.S. Birth Certificate, valid green card or visa). (c) Applicant may not currently be a candidate for public office and will not become a candidate until one (1) year after the initial airing of Participant’s last appearance on the Program. RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1 (d) If selected as a Participant, applicant must be willing to (i) travel to and reside in Scottsdale, AZ, AZ for up to one (1) week, commencing in September or October 2016, or at such time otherwise scheduled by Sponsor, and (ii), while in Scottsdale, AZ, AZ, participate in any interview, recording and photography sessions and other activities scheduled by Sponsor. Economy travel to and from Scottsdale, AZ, AZ and hotel accommodations in Scottsdale, AZ, AZ for Participant shall be provided by Producer. (e) If selected as a Finalist, applicant must also be willing to (i) travel to and reside in Scottsdale, AZ, AZ for up to one (1) week, commencing in November 2016, or at such time otherwise scheduled by Sponsor, and (ii), while in Scottsdale, AZ, AZ, participate in any interview, recording and photography sessions and other activities scheduled by Sponsor. Economy travel to and from Scottsdale, AZ, AZ and hotel accommodations in Scottsdale, AZ, AZ for Finalist shall be provided by Producer. (f) Applicant may not participate in the Program or Contest if applicant’s participation would create impropriety or the appearance of impropriety as determined solely by Sponsor. Neither Participant nor any member of Participant’s immediate family or anyone living in Participant’s household that has been an employee, officer, director or agent of any of the following during the two (2) years prior to the Contest start date is eligible to enter: (a) Producer, Sponsor or any distributor of the Program or Contest, and/or any of their respective parents, affiliated and subsidiary companies; (b) any person or entity involved in the development, production, sponsoring, distribution or other exploitation of the Program or Contest or any variation thereof; or (c) any person or entity supplying services or prizes to the Program or Contest. (g) Applicant may not be a professional model. Sponsor will determine on a case-bycase basis whether an individual represented by a modeling agency qualifies as a professional model. (h) If chosen as a Finalist, the Participant will need to create a Facebook account in order to compete for online votes. Membership to Facebook is free. Visit Facebook.com for more information or to create a free Facebook account. Producer and Sponsor reserve the right to add to or change any of the eligibility requirements at any time without prior notice to applicants.
BACKGROUND CHECKS Sponsor will conduct background checks on applicants before selecting them as Participants. By submitting an Application, you agree to voluntarily submit to and complete a background check, in accordance with applicable laws, and execute all documents required by Sponsor in connection with such background check; authorize Sponsor to secure information about you from any current or former employers, associates, family members, educational institutions, government agencies, credit reporting agencies, and any references you provide or that are developed in the course of such investigation; irrevocably authorize such parties to provide information concerning you to Sponsor; and authorize Sponsor to investigate and obtain copies of your employment
RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1 records and governmental records, including but not limited to, any motor vehicle records, criminal records, and credit and/or consumer report(s).
PARTICIPANT DISMISSALS If any Participant violates these Official Rules, acts in a dangerous or disruptive manner, or attempts to purposely sabotage any part of the Program or the Contest (including any recording or photography in connection with the Program or Contest), that Participant may be disqualified by Producer or Sponsor, and Producer and/or Sponsor may exercise any and all rights and remedies they may have against such Participant. THE PRIZES Each of the ten (10) Participants will receive a Participant Prize. The Participant Prize consists solely of: economy travel to and from Scottsdale, AZ, AZ, hotel accommodations in Scottsdale, AZ, AZ, and $50 per diem (for two days). Total Approximate Retail Value (“ARV”) of each Participant Prize is $2600. The four (4) Finalists will receive a Finalist Prize. The Finalist Prize consists solely of: economy travel to and from Scottsdale, AZ, AZ, hotel accommodations in Scottsdale, AZ, AZ, and $50 per diem (for two days). Total ARV of each Participant Prize is $2600. The three (3) Finalists who are not selected as the Winner will receive the Consolation Prize. The Consolation Prize consists solely of: a $500 Risque Marketing () gift card. One (1) Winner will receive the Grand Prize. The Grand Prize consists solely of: a modeling contract with Sponsor whereby the Winner may appear in Sponsor’s catalogs, on Risque Marketing ().com, and Sponsor’s social media (terms of the contract are to be determined by Sponsor); a $1000 Risque Marketing () gift card; clothing (ARV $500); and the opportunity to make appearances at Risque Marketing () stores and events as Sponsor’s brand ambassador. Total ARV of the Grand Prize (excluding the Risque Marketing () modeling contract) is $1500. TOTAL ARV of all prizes (excluding the modeling contract) is $39,400. Sponsor and Producer shall have the right in its sole and absolute discretion to either award or not award any or all of the prizes to the Winner and/or other Participants/Finalists, or to substitute a new prize for any or all of the prizes. A substitution for any prize (including, without limitation, prizes that have already been announced) may be of any value, and neither Producer nor Sponsor shall have any obligation to substitute a prize with one of equal or greater value, and such substitution shall be deemed the prize. The Participants, Finalists and Winner shall be personally responsible for the payment of any and all applicable city, state, federal, foreign and/or other taxes on or resulting from any prize(s) they receive.
ADDITIONAL TERMS AND CONDITIONS By submitting an Application, you agree to the terms and conditions of the Casting Release.
REPRESENTATIONS AND WARRANTIES By submitting Applicant Content, each applicant represents and warrants that: (i) she the right to grant the rights granted in these Official Rules with respect to such Applicant Content; (ii) the consent of no other person, firm, corporation or other entity is required to enable Sponsor and/or Producer to exercise the rights granted in these Official Rules with respect to the Applicant Content; (iii) neither Sponsor’s nor Producer’s use of the Applicant Content will violate the rights of any third party; and (iv) Sponsor and Producer have the right to use the Applicant Content free and clear of any claims for royalties or other compensation. LIMITATIONS OF LIABILITY Sponsor, Producer and each of their respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of Applications; printing or other errors; and any Applications which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. In the event the Contest is terminated early, a winner may be selected from all eligible Participants at the time of termination.
RELEASE OF LIABILITY/INDEMNITY RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1 By participating, each applicant agree to release, discharge, indemnify and hold harmless Sponsor, Producer and each of their respective affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any claims made by the Winner, Participants, Finalists, applicants or any other third parties whose claims are related in any way to the operation of this Contest or the Program, the applicant’s Applicant Content, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly from applying or participating in this Contest or the Program. DISPUTES By entering this Contest, applicants agree to abide by these Official Rules as stated herein and the decisions of Sponsor and/or Producer, which are final and binding in all matters pertaining to the Contest. Except where prohibited, by participating in this Contest, applicants agree that the Contest is governed by, and will be construed in accordance with, the laws of the State of Arizona and the forum and venue for any dispute shall be in Scottsdale, AZ, AZ. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in the State of Arizona. The remedy for any claim shall be limited to actual damages, and in no event shall an applicant or any other party be entitled to recover punitive, exemplary, special, incidental, indirect and consequential damages or any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs described in this Section, nor will an applicant or any party be entitled to have damages multiplied or otherwise increased or to rescind this agreement or seek injunctive or any other equitable relief. Applicants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the end date of the Contest Period. Applicants agree that any and all disputes, claims, and causes of actions arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any applicant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Arizona without reference to conflict of laws principles. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
GENERAL RULES Participants are not permitted to mention or “plug” any commercial product or service on the Program, and may not pay or accept any money or other valuable consideration (including a RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1 division of cash or prizes), in connection with Participant’s appearance on the Program, or authorize anyone else to do so. Participant must immediately inform Producer if Participant knows anyone working on the Program. No firearms or weapons of any sort are to be possessed or brought to any location by any Participant at any time during production of the Program, any interview or live casting event, or any photo shoot. Except to promote herself online and through social media from October 3, 2016 through October 28, 2016 in order to solicit votes from the public, Participant shall not disclose to any person, firm or entity, any information regarding the Program or Contest or Participant’s involvement in the Program or Contest, unless otherwise approved by Sponsor in advance. Without limiting the generality of the foregoing, Participant shall not disclose any information regarding the Winner, her identity, or any other Finalists. No physical violence will be tolerated. Participants shall not negligently or willfully damage any location or any of the personal property of Producer or Sponsor or any of the other Participants. No drugs or illegal substances or any use thereof (other than drugs that have been prescribed for the Participant or over the counter medications) will be tolerated at any time or place during the entire production of the Program, on camera or off. This includes, without limitation, prescription drugs for which Participant does not have a valid, current written prescription from a medical doctor, and the consumption of alcohol if a Participant is not of legal drinking age. Penalty for non-compliance is immediate dismissal and forfeiture of the prize(s) (if applicable). EACH PARTICIPANT ACCEPTS AND AGREES TO ABIDE BY THESE OFFICIAL RULES AND BY THE DECISIONS OF PRODUCER AND SPONSOR, WHICH DECISIONS SHALL BE FINAL AND BINDING (AND NOT SUBJECT TO CHALLENGE OR APPEAL) ON ALL MATTERS RELATING TO ALL ASPECTS OF THE PROGRAM AND CONTEST INCLUDING, BUT NOT LIMITED TO, SELECTION OF THE PARTICIPANTS, SELECTION OF THE FINALISTS, SELECTION OF THE WINNER AND THE INTERPRETATION OF THESE RULES. RULES ARE SUBJECT TO CHANGE AT ANY TIME FOR ANY REASON, WITH OR WITHOUT PRIOR NOTICE TO THE PARTICIPANTS. PRODUCER’S OR SPONSOR’S FAILURE TO ENFORCE THE RULES ON ONE OCCASION, OR IN CONNECTION WITH A PARTICULAR APPLICANT OR PARTICIPANT, SHALL NOT PRECLUDE PRODUCER LATER FROM ENFORCING THE RULES ON ANOTHER OCCASION OR WITH RESPECT TO THE SAME OR A DIFFERENT APPLICANT OR PARTICIPANT. APPLICANTS MUST OBEY ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS, AND EACH APPLICANT ACCEPTS FULL RESPONSIBILITY FOR HER RISQUE MARKETING () MODEL SEARCH Official Rules CONFIDENTIAL LA 132162238v1 BEHAVIOR AND ACTIONS AND WILL NOT BE PROTECTED BY PRODUCER OR SPONSOR FROM ANY VIOLATION OF LAW. PRODUCER RESERVES THE RIGHT TO DISQUALIFY ANY APPLICANT, PARTICIPANT OR FINALIST AT ANY TIME, IN PRODUCER’S SOLE AND ABSOLUTE DISCRETION, INCLUDING, WITHOUT LIMITATION, IF SHE HAS VIOLATED THESE RULES, MISREPRESENTED HERSELF IN ANY WAY, WHETHER BY INCOMPLETELY, INACCURATELY OR MISLEADINGLY REPLYING OR BY FAILING TO REPLY TO ANY QUESTION, OR OTHERWISE, AND SUCH DISQUALIFIED APPLICANT WILL FORFEIT THE RIGHT TO THE PRIZE(S). ENFORCEMENT OF THESE RULES SHALL BE AT SPONSOR’S AND PRODUCER’S ABSOLUTE DISCRETION. ANY APPLICANT DISQUALIFIED OR OTHERWISE REMOVED FROM THE CONTEST OR PROGRAM MAY BE REPLACED BY AN ALTERNATE APPLICANT AT ANY TIME, AT THE ABSOLUTE DISCRETION OF SPONSOR AND PRODUCER. APPLICANT COLLUSION IS PROHIBITED AND MAY BE ILLEGAL, AND ANY UNAUTHORIZED COMMUNICATION AMONG APPLICANTS AND/OR SHOW STAFF OR ANY OTHER THIRD PARTY IS STRICTLY PROHIBITED. APPLICANT MUST NOTIFY PRODUCER IMMEDIATELY IF ANY APPLICANT ATTEMPTS TO INITIATE ANY SUCH COMMUNICATION WITH THEM BEFORE, DURING OR AFTER TAPING OF THE PROGRAM OR OTHERWISE DURING THE CONTEST PERIOD. APPLICANTS ARE NOT PERMITTED TO SHARE ANY PRIZE MONEY OR ANY PORTION OF A PRIZE WITH ANY OTHER APPLICANT. THEY MAY NOT MAKE PLANS OR AGREEMENTS, WHETHER IN WRITING OR ORALLY, TO DO SO. APPLICANTS WILL BE MONITORED THROUGHOUT THE PRODUCTION OF THE PROGRAM AND THE CONTEST PERIOD. ANY APPLICANT FOUND CONSPIRING OR COLLUDING WITH ANOTHER APPLICANT WILL BE DISQUALIFIED FROM THE PROGRAM AND MAY BE LEGALLY PROSECUTED. SPONSOR RESERVES THE RIGHT TO CHANGE, ADD TO, DELETE FROM, MODIFY OR AMEND THESE RULES AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. NOTHING CONTAINED IN THESE RULES IS INTENDED, OR SHALL BE DEEMED, TO SUPERSEDE ANY AGREEMENTS BETWEEN A PARTICIPANT AND PRODUCER. WINNERS LIST: For an Official Winners List (available after January 31, 2017), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “MyRisque Marketing () Model Search”. All requests must be received by June 1, 2017. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
By signing and submitting an application you agree to this Casting Release. Before doing so please “read and review” to view the release. We strongly encourage you to look over carefully. Once you submit you will be able to print out a copy for your records.
- In consideration for my being considered to participate in “The Next Face of Risque Marketing () 2017” and all activities related thereto, including the associated contest, (collectively, the “Program”) to be produced by Over Easy Productions, Inc. or its designee (“Producer”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, I hereby grant Risque Marketing (), LLC (“Sponsor”), Producer, and any television distributor, broadcaster, website, platform or other exhibitor of the Program (collectively, “Distributor” – which may be or include Sponsor), each of their respective successors, licensees and assigns, and each of their respective parents, subsidiaries and affiliated entities and sponsors and their respective officers, directors, employees and designees (all of the foregoing collectively, “Releasees”), the following:
(a) The absolute and irrevocable right and permission (but not the obligation) to interview me, audition me, photograph, film, tape and otherwise visually, audio-visually and/or by audio means record me and/or my voice by any method whatsoever in connection with the Program and the advertising and promotion of the Program and the exhibitors thereof.
(b) All rights of every kind and character whatsoever in perpetuity throughout the universe in and to (i) any and all footage, tapes and/or other recordings taped, filmed, photographed, recorded and/or otherwise produced hereunder by Producer and/or Sponsor and in any performances or actions made by me in connection with the Program (the “Producer Filmed Content”), (ii) material supplied by me (whether photographed, recorded, written, spoken, sung, or otherwise uttered or expressed by me) and information given by me and/or captured on any such Producer Filmed Content, and (iii) all of the results, proceeds and derivative works thereof (collectively, [i], [ii] and [iii] shall be referred to as the “Material”). The Material shall be owned by Sponsor, who may, in its discretion, use it for internal casting purposes, for telecast or other exhibition or distribution as part of the Program, to advertise and promote the Program and Sponsor, and for such other uses as Sponsor may determine in Sponsor’s sole discretion. Notwithstanding the foregoing, nothing herein grants Producer or Sponsor ownership in or to, and for clarity I shall retain, all right, title and interest in and to any content which I or a third party (other than the Releasees) may film, tape, photograph and otherwise record of myself or my activities in and in connection with and during my participation in the Program (including, without limitation, photographs, videos or other content that I submit as part of my application to participate in the Program) (the “Self Filmed Material”); provided however, that I hereby grant to Producer and Sponsor a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, create derivative works based on, distribute, display and perform any Self Filmed Material (i) in and in connection with the Program, (ii) to advertise and promote the Program and Sponsor, and (iii) for such other uses as Sponsor may determine in Sponsor’s sole discretion.
(c) The absolute and irrevocable right and permission (but not the obligation) to use my name, voice, likeness, biography and personal attributes (“Likeness”) – including that contained or depicted in any Material and/or Self Filmed Material- in and in connection with the Program and the advertising, promotion, marketing and distribution thereof, and for the Sponsor’s institutional purposes.
(d) The right to edit, dub, subtract from, add to, modify or juxtapose the Material, Self Filmed Material and Likeness in any manner and to combine the Material, Self Filmed Material, Likeness with any other material. I understand, acknowledge and agree that the Releasees shall have no obligation to use any of the Material, Self Filmed Material or Likeness in or in connection with the Program, and are not obligated to actually produce the Program, nor is any Releasee obligated to actually telecast, exhibit or distribute it, even if produced. I grant the rights herein whether or not I am selected to participate as a participant in the Program in any manner whatsoever.
- I hereby represent and warrant that: (i) I have the right to grant the rights granted hereunder; (ii) I have the right to grant this release; (iii) the consent of no other person, firm, corporation or other entity is required to enable the Releasees to use the Material, Self Filmed Material and Likeness as described herein; (iv) Any Releasees’ use of the Material, Self Filmed Material and Likeness hereunder will not violate the rights of any third party; (v) Any Releasees shall have the right to use the Material and Self Filmed Material free and clear of any claims for royalties or other compensation; (vi) I am 18 years of age or older and a citizen of the United States or its territories; (vii) I have answered all questions in the application honestly and accurately and I acknowledge that if any of the foregoing information is found to be false, that this will be grounds for my dismissal from the Program participant selection process and/or from the Program, if selected; and, (viii) neither I nor any of my immediate family members or anyone living in my household is or has been within the past two (2) years employees, officers, directors or agents of any of the following: (a) Producer, Sponsor, Distributor, and/or any of their respective parents, affiliated and subsidiary companies; (b) any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof; or (c) any person or entity which is providing brand support or association for the Program and/or which supplies services or prizes to the Program. I acknowledge that Sponsor reserves the right to render ineligible any person who Sponsor determines, in its sole discretion, is sufficiently connected with the production, administration, judging, or distribution of the Program such that his, her or its participation in the Program could create the appearance of impropriety. I further represent and warrant that I am not currently a candidate for public office and that I shall not become a candidate for public office until not sooner than 1 year following the initial broadcast of the last episode of the Program, if I am selected as a participant. I understand and acknowledge that, if chosen as the new face of Risque Marketing (), I will be required to enter into Risque Marketing ()’s model agreement; that Sponsor reserves the right to change any of the eligibility requirements at any time; that all decisions by the Sponsor concerning the selection of the participants are final and not subject to challenge or appeal. I shall defend, indemnify and hold harmless Releasees from and against any third party claims, demands, losses, obligations, liabilities, actions, penalties, causes of action, suits, arbitrations, damages, judgments, costs and expenses (including attorneys’ fees and legal costs) arising out of or relating to the breach or alleged breach of any of the representations, warranties or agreements made by me in this agreement, or arising out of or relating to any allegation that the Self Filmed Materials infringe, misappropriate or otherwise violate any copyright or other intellectual property right or any right of privacy or publicity.
- Without the express prior written consent of Sponsor, Producer and Distributor, I shall not at any time, reveal, report, publish or disclose (or authorize or allow any other party to do so) any information or trade secrets obtained or learned by me about the Program whether during the casting process or otherwise, including, without limitation, any information concerning or relating to the concept and/or format of the Program, the production of the Program, the participants and events contained in the Program or the outcome of the Program, and/or any information concerning or relating to the Releasees or their respective business practices (collectively, “Confidential Information”). This confidentiality obligation shall remain in place whether or not I am selected to participate in the Program, and shall continue both during and after my participation in the participant selection process, and, if I am selected as a participant, shall continue during and after my participation in the Program. I further agree that any Confidential Information of which I become aware will only be used for the express and exclusive purposes for which Sponsor, Producer and Distributor have instructed me to use the Confidential Information.
- I acknowledge that Sponsor, Producer and Distributor (and other Releasees) has/have no obligation to me whatsoever. Without in any way limiting the foregoing, I acknowledge and agree that the Releasees are under no obligation to select me to participate in the participant selection process or in the Program. I further acknowledge that the selection of participants for the Program will include subjective factors to be determined by Sponsor in its sole and absolute discretion. I understand that I will not be paid any money or given any other goods or services for giving Sponsor the rights listed in this Agreement and that the consideration for this agreement is Sponsor’s consideration of me to appear in the Program and the possible exposure of me on digital or other media platforms.
- I hereby authorize Sponsor, and any person or entity designated by Sponsor, to investigate, access and collect information about me, about any of the statements made in this Application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements that I may make in connection therewith. I further agree to voluntarily submit to and complete a background check, in accordance with applicable laws, and execute all documents required by Sponsor in connection with such background check. I authorize Sponsor to secure information about me from any current or former employers, associates, family members, educational institutions, government agencies, credit reporting agencies, and any references I provide or that are developed in the course of such investigation, and I irrevocably authorize such parties to provide information concerning me to Sponsor. I hereby authorize Sponsor to investigate and obtain copies of my employment records and governmental records, including but not limited to, any motor vehicle records, criminal records, and credit and/or consumer report(s). I acknowledge and agree that any such information obtained by Sponsor pursuant to this paragraph or otherwise may be used for purposes of determining whether I shall be selected for participation in the Program.
- To the maximum extent permitted by law, I hereby release the Releasees, and each of them, from any and all claims, actions, causes of action, suits, damages, liabilities, losses, costs and expenses of any kind or nature (including, without limitation, attorneys’ fees) arising out of, resulting from, or in connection with the application process for the Program as described herein; any investigation or background check of me (including as authorized by paragraph 5 above); the development, production, editing, exploitation, distribution, exhibition, advertising and/or promotion of the Program or my Likeness or appearance on the Program; the use, reproduction, creation of derivative works based on, distribution, display and/or performance any Material, Self Filmed Material and/or my Likeness on or in connection with the Program; the failure of the Sponsor to select me as a participant, any failure to telecast, distribute or exhibit the Program, or the exercise by Sponsor, Producer or Distributor or anyone else of any rights granted by me under this agreement, on any legal theory whatsoever (including, without limitation, personal injury, property damage, wrongful death, rights of privacy and/or publicity, false light, trespass, intrusion, defamation, intentional or negligent infliction of emotional distress, products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, infringement of copyright, consequential damages, and loss of earnings or potential earnings).
- I acknowledge that there is a possibility that after the execution of this release, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this release. I acknowledge and agree that by reason of this release, and the release of liability contained in the preceding paragraph, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of the Arizona Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding Section 1542 of the Arizona Civil Code (or similar laws of any other relevant jurisdiction(s)), this release shall constitute a full release of liability in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release and that without such waiver, Sponsor would not have accepted this release or the application.
- This agreement shall be deemed to be entered into in Los Angeles County, Arizona, and shall be governed by and interpreted in accordance with the laws of the State of Arizona applicable to agreements executed and fully carried out within Arizona, excluding its conflict of laws provisions. I understand and agree that, if any controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration conducted in the County of Los Angeles, and administered by the American Arbitration Association, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced in the entertainment industry and licensed to practice law in the State of Arizona or a retired Arizona judge; and that any and all disputes, claims, and causes of actions arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action.
- In the event of a claimed breach of this agreement by Sponsor (or any other party, if any), I acknowledge that any potential damage that I may suffer is not irreparable and that an award of monetary damages would be sufficient relief. Accordingly, I agree that I shall not have the right to terminate or rescind this agreement or to seek or obtain any form of injunctive or equitable relief in connection with the Program or the development, production, distribution or exhibition thereof. I acknowledge that the rights granted hereunder by me are unique; that a breach of this agreement by me would cause Sponsor, Producer and Distributor (and other parties) to suffer irreparable damage; and that Sponsor, its successors, licensees and assigns, shall have the right to injunctive or equitable relief and all other available remedies in the event of a breach hereof by me.
- Without limiting the foregoing, any provision of this release that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this agreement invalid, illegal or unenforceable in any other jurisdiction. Sponsor may freely assign, in whole or in part, any of its rights or obligations under this agreement. I may not assign nor delegate any of my rights and obligations under this agreement, and any purported assignment shall be null and void. I am not relying on any statements or representations not expressly included herein. This release includes the entire agreement between Sponsor (and/or any Releasees) and me regarding the subject matter hereof and may only be amended or modified by written document signed by Sponsor and me (other than matters with respect to which Sponsor retains the discretion to determine as expressly provided herein). Signatures may be delivered by computer or other electronic means, which shall be valid as original signatures.