Disclaimer and Limit of Liability: Creative Imports, LLC and Mac Duggal label MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING PARTICIPATION IN THE MODEL SEARCH. MAC DUGGAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE MODEL SEARCH. MAC DUGGAL RESERVES THE RIGHT, SUBJECT TO APPLICABLE LAW, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE MODEL SEARCH OR ALTER THE RULES FOR ANY REASON OR OTHER UNFORESEEABLE EVENT ALTERS THE ADMINISTRATION OF THE MODEL SEARCH.
Release: BY ENTERING THE MODEL SEARCH, EACH ENTRANT AND EACH OF ITS HEIRS, SUCCESSORS AND ASSIGNS RELEASES AND AGREES TO HOLD HARMLESS MAC DUGGAL AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY WHATSOEVER (WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE MODEL SEARCH; OR (II) OTHERWISE ARISING OUT OF OR RELATING TO THE MODEL SEARCH.
MODEL SEARCH SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE PHOTOGRAPHS AND VIDEO’S TAKEN DURING MODEL AUDITIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO MODEL OR ANY THIRD-PARTY. MODEL GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, IN PERPETUITY LICENSE TO USE THE MATERIALS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE MATERIALS, CONTESTANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. CONTESTANT WAIVES ANY MORAL RIGHTS SHE MAY HAVE TO THE MATERIALS, AND AGREES THAT IF SPONSOR ELECTS TO USE MATERIALS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT SHALL BE THE SOLE PROPERTY OF SPONSOR.
Mac Duggal shall have the right, but not the obligation, to use, reproduce, modify, publish, post, create derivative works from photographs and video’s taken during the model auditions and all elements embodied therein, including, without limitation, any names and likenesses, in whole or in part, on a worldwide perpetual basis, and to incorporate the photographs and video into other works, in any form, media or technology now known or later developed, for internal, advertising, commercial and promotional purposes.
Indemnity: Each entrant agrees to indemnify and hold harmless Creative Imports, LLC and the Mac Duggal label from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against Creative Imports, LLC due to or arising out of his or her entry or conduct during and in connection with this model search, including but not limited to any claims for right of publicity, right of privacy or defamation whether arising in contract, tort (including negligence) or any other legal theory.
Governing Law: Unless prohibited by law, the model search and the rights and obligations of Mac Duggal and entrants will be governed by and controlled by the laws of the State of Illinois, United States, without reference to the applicable conflict of law provisions. Unless otherwise prohibited by law, all entrants consent to the exclusive jurisdiction of the courts of the State of Illinois and federal court with respect to any action, dispute or other matter pertaining to or arising out of the model search.
All questions regarding the model search should be directed by e-mail to firstname.lastname@example.org (indicating “Model Search” in the subject line).
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