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GOOD AMERICAN MENTEE SEARCH
TERMS AND CONDITIONS (“TERMS”)
THIS IS NOT A CONTEST AND THERE IS NO PRIZE
Good American is a fashion brand that celebrates all women and diversity in beauty and is looking for women to take part in our mentorship program and participate in the IMG Fashion Camp. We are holding this “Mentee Search” to help us identify between 5 – 20 women to win a chance to participate in a Skype or Facetime interview with us to be considered for our mentorship program and IMG Fashion Camp (the “Interview”).
1. WHO CAN ENTER:
The Mentee Search is open only to legal residents of the 50 United States (including District of Columbia) who (i) have validly submitted a Submission as described below, and (ii) are between the ages of 18 – 20 years old at the time of entry (IMG Fashion Camp is open to those who are no older than 20 years of age). If you are prohibited from entering in this Mentee Search by any local laws, rules or regulations, you may not enter. By participating in the Mentee Search, you agree fully and unconditionally to these Terms and Good American’s decisions, which are final and binding in all matters related to the Mentee Search. Eligibility to be selected for an invite to an Interview is contingent upon complying with and fulfilling all requirements set forth herein.
PARTICIPATION IN THIS MENTEE SEARCH ONLY PROVIDES AN OPPORTUNITY FOR PARTICIPANTS TO BE CONSIDERED FOR AN INVITE TO THE INTERVIEW. THIS MENTEE SEARCH DOES NOT GUARANTEE THAT ANY PARTICIPANT WILL BE INVITED TO ANY INTERVIEW. YOU UNDERSTAND AND AGREE THAT SPONSOR HAS THE RIGHT TO SELECT ANY PARTICIPANT IT CHOOSES (IF ANY) TO INVITE TO THE INTERVIEW.
2. GENERAL INFORMATION:
The application period for this Mentee Search opens at 9:00 AM Pacific Time (“PT”) (US) on October 30, 2018 and ends at 11:59PM PT (US) on November 08, 2018 (the “Application Period”).
3. HOW TO ENTER:
During the Application Period, each participant (the “Participant”) must visit the entry page at www.goodamerican.com/casting (“Site”) and (1) click on the “Apply for an Industry Mentorship” tab; (2) submit up to a 500 word essay as to why you would be right for the mentorship program; and (3) submit a resume (if you have one) and (4) submit all information requested in the entry form, which includes your name, e-mail address, mailing address, Instagram account, and other information about you (“Entry Information”). All Entry Information and other information submitted by participant shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Limit (1) Submission per person. No other method of participation will be accepted. Submissions that do not follow these Terms and Conditions may be disqualified at Good American’s discretion.
By entering, each Participant warrants and represents the following with respect to their Submission: (a) the content and any statements included in their Submission are true, complete, and accurate; (b) Participant is the owner and authorized representative of the Instagram account(s) claimed by Participant in their Submission; and (c) this Mentee Search does not conflict with any existing commitments on Participant’s part nor does it violate any third party rights and/or agreements.
All deadlines are based on the Pacific Time Zone. All determinations of eligibility shall be final and binding. For the avoidance of doubt, Good American may or may not provide Participants with confirmation of Mentee Search entry.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE A CALL BACK.
4. ENTRY INFORMATION CONDITIONS AND RESTRICTIONS:
5. INTERVIEW INVITATION DETERMINATION:
The decision as to which Participants will receive an invitation to an Interview will be made as follows:
A panel of representatives from Good American will review all Submissions properly submitted during the Application Period. Good American will then choose which Participants to invite to Interviews, in its sole discretion, taking into account the Participant’s resume, attitude, originality and relevance to the mission of Good American.
Judging will take place throughout the Application Period and is scheduled to be completed prior to January 31, 2019. The selected Participants will be notified (as described below) during that time. The decisions of Good American will be final and binding in all matters related to the Mentee Search.
No drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Selected Participants.
Good American will make up to two (2) attempts to notify each Participant selected for an invitation to an Interview (“Selected Participant”) via the email address associated with that Selected Participant’s entry. Good American is not liable if the Selected Participant is not reached or receives such notification too late to attend an Interview. Good American requests that each Selected Participant please respond with a courtesy notification as to whether or not the Selected Participant will participate in an Interview and, if so, which location they will attend. Good American makes no representations or warranties that all Selected Participants will be able to participate in an Interview and reserves the right, in its sole discretion, to decide whether or not to invite additional Participants in the event any Selected Participants cannot or decline to attend an Interview.
Each Selected Participant will receive an invitation to participate in an Interview, the exact time and manner of which will be determined by Good American. If you are a Selected Participant, please do not accept an invitation to an Interview if you will not be available to attend the Interview. Without limiting the foregoing, Selected Participants are solely responsible for their availability and ability to participate in the Interview. Good American is not liable in any way if a Selected Participant is not able to participate in any Interview at its designated time or via the designated means (e.g., Skype or Facetime). THERE IS NO GUARANTEE THAT A SELECTED PARTICIPANT WILL RECEIVE ANYTHING OTHER THAN THE RIGHT TO PARTICIPATE IN THE INTERVIEW. WITHOUT LIMITING THE FOREGOING, ALL PARTICIPANTS EXPRESSLY ACKNOWLEDGE THAT AN INVITATION TO THE INTERVIEWS DOES NOT ENSURE ANY SELECTED PARTICIPANT WILL BE A PART OF ANY GOOD AMERICAN MENTORSHIP PROGRAM, PARTICIPATE IN IMG FASHION WEEK OR IN ANY OTHER WAY BE INVOLVED IN OR ASSOCIATED WITH GOOD AMERICAN OR IMG. GOOD AMERICAN MAY NOT USE ANY SELECTED PARTICIPANT IN ITS MENTORSHIP PROGRAM AND MAY INSTEAD USE SOMEONE WHO DID NOT PARTICIPATE IN THIS MENTEE SEARCH. EACH PARTICIPANT ACKNOWLEDGES THAT THERE IS NO GUARANTEE THAT A SELECTED PARTICIPANT WILL MEET ANY CELEBRITY OR ANY REPRESENTATIVE FROM IMG.
Only a Selected Participant who can verify via photo ID that they are the party who submitted the selected Entry will be allowed to participate in an Interview. In addition, as a condition to participation in the Interview, each Selected Participant may be required to execute an Affidavit of Eligibility, a Liability Release and/or a Publicity Release and/or Participation Agreement or Waiver, and/or other documents requested by Good American in its sole discretion (collectively, "Affidavit/Release"). Such documents must be signed and returned in person at the Interview. If the documents are not signed and returned, or if an Participant is found to be ineligible, or if an Participant does not comply with these Mentee Search Terms, each as determined by Good American in Good American’s sole discretion, then the Selected Participant will be disqualified and not be allowed to participate in the Interview.
By entering this Mentee Search, all Participants agree to release and hold harmless Good American, IMG Models LLC, and their parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Mentee Search such as celebrities associated with Good American or taking part in the Mentee Search (collectively, “Releasees”) from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Mentee Search or Interview, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Mentee Search or Interview to be disrupted, postponed or cancelled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Mentee Search or Interview other than those caused by the negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Mentee Search.
10. LIMITATION OF LIABILITY:
The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The invitations to the Interviews are awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Mentee Search and submitting an entry, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in an Interview, determination of a Selected Participants, or any other matter relating to the Mentee Search that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the Mentee Search and (2) US$2,000, but in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Good American products or campaigns, the Mentee Search, any website, content, advertising or other materials used, displayed or issued in connection with the Mentee Search, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE MENTEE SEARCH, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL PARTICIPANTS. TO THE EXTENT ANY LIMITATIONS OR EXCLUSIONS TO LIABILITY DESCRIBED ABOVE ARE NOT PERMISSIBLE IN YOUR JURISDICTION, SUCH LIMITATIONS AND/OR EXCLUSIONS WILL BE DEEMED MODIFIED TO COMPLY WITH THE APPLICABLE LAWS, RULES OR REGULATIONS IN YOUR JURISDICTION.
11. GENERAL CONDITIONS:
By participating in the Mentee Search, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Good American, which are final and binding on all matters pertaining to the Mentee Search. Non-compliance with these Terms may result in disqualification and all associated entries will be void. Good American reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Mentee Search in whole or in part. Good American reserves the right to disqualify any Participant or Selected Participant, as determined by Good American where Good American believes it is necessary and/or appropriate to do so, in its sole discretion and without liability to the Participant or Selected Participant. The Mentee Search is subject to these Terms & Conditions and all applicable federal, state, provincial, and local laws and regulations. The Mentee Search is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Mentee Search, including the rights and obligations of the Participant and Good American in connection with the Mentee Search, or the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with: (i) for US residents: the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California; (ii) for UK residents, the laws of the UK; and (iii) for Australian residents, the laws of New South Wales. Any legal actions, suits or proceedings related to the Mentee Search (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in (1) the state or federal courts located in Los Angeles County, California for US residents; (2) the United Kingdom courts for UK residents; and (3) the courts in New South Wales for Australian residents, and each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Mentee Search. Good American disclaims any responsibility to notify Participants of any aspect related to the conduct of the Mentee Search.
12. FORCE MAJEURE:
Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Good American, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Good American shall have the right to modify, suspend, or terminate the Mentee Search, and no Releasees shall be responsible or liable to any Participant or Selected Participant or any person claiming through such Participant or Selected Participant for failure to hold any Interviews. Good American is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail account to receive e-mail messages.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Good American’s failure to (or decision not to) enforce any provision in these Terms shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Mentee Search-related materials and these Terms, these Terms shall prevail, govern, and control and the discrepancy will be resolved in Good American’s sole and absolute discretion.
This Mentee Search is being sponsored by Good American LLC, 3125 South La Cienega Blvd, Los Angeles, CA 90016.
IMG Models is not a sponsor or administrator of the Mentee Search, and is in no way responsible for the administration of the Mentee Search. All inquiries regarding this Mentee Search should be addressed to Good American and not to IMG Models.