NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. The WakuWaku+NYC Lolita Fashion Runway Model Search and Competition (the "Competition") is governed by these Official Rules and Regulations ("Official Rules") and is subject to all applicable U.S. federal, state, and local laws. Void where prohibited. The Competition is owned, produced and sponsored by Azix Inc. ("Sponsor").
ELIGIBILITY: The Competition is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age or older at the time of entry. Employees of Sponsor and its parent companies, affiliates, subsidiaries, agents, advertising and promotional agencies, and members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or those living in the same household as such employee (whether or not related) are not eligible to enter the Competition. An eligible individual as described herein is referred to as an "Entrant".
By participating in the Competition, Entrants fully and unconditionally agree to be bound by these Official Rules and all decisions of Sponsor which are final and binding in all matters related to the Competition. Winning a prize is contingent upon complying with these Official Rules and fulfilling all of the requirements set forth herein.
COMPETITION PERIOD:: The Competition begins on June 12, 2015 at 9:00 a.m. EST and ends on June 30, 2015 at 11:00 p.m. EST (the "Competition Period"). Sponsor's computer is the official time-keeping device for the Competition.
HOW TO ENTER: Entrants may enter the Competition during the Competition Period by completing the following steps:
- Visit www.wakuwakunyc.com (the "Website") and follow the directions to complete all required registration fields (as designated by an asterisk (*)) on the official online entry form (the "Form").
- Upload two photographs of Entrant, including one headshot and one full-body shot, in JPG format (the "Images").
All submission materials, including the contents of the Form and Images, will hereinafter be collectively referred to as the "Entry". It is the responsibility of Entrant to update Sponsor of any change in any information in its Entry by sending an e-mail to: firstname.lastname@example.org.
Limit one (1) Entry per person. Entries received from any person in excess of the stated limit will be void. Once submitted, an Entry cannot be revised, altered or withdrawn by Entrant. Only those Entrants who submit a complete Entry during the Competition Period will be eligible. By submitting an Entry, Entrant agrees that its Entry conforms to the requirements of these Official Rules, including the Entry Guidelines and Content Restrictions described below. Sponsor reserves the sole and exclusive right and unfettered discretion to determine eligibility, appropriateness and fitness of all Entries, and to disqualify an Entry or any portion thereof, which decisions shall be final and binding and not subject to appeal.
Entry Guidelines and Content Restrictions:
- The Entrant must have permission to use any material or elements in the Entry that are not owned by the Entrant and/or which are subject to the rights of third parties.
- If Entrant submits an image in which any individual (other than Entrant) is recognizable, Entrant is solely responsible for obtaining, prior to submitting such image, any and all releases and consents necessary to permit exhibition, use and other exploitation of the image by Sponsor, including but not limited to, for advertising, promotional and publicity purposes.
- An Entry cannot have won a previous award, been previously published, been submitted previously in a promotion of any kind, or exhibited or displayed publicly through any means.
- An Entry shall not have been made (in whole or in part) by an Entrant who is: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the contents of an Entry in any media form; 2) subject to an acting or modeling contract that would make Entrant's appearance in an Entry or in any part of the Competition a violation of any third-party rights; 3) subject to any other contractual relationship, including but not limited to, guild and/or union memberships that may prevent Sponsor from being able to use the Entry in all media in perpetuity on a royalty-free basis, without payment or fee obligations.
- An Entry must not contain any material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including, without limitation, copyright;
- An Entry must not contain any material that is lewd, violent, threatening, sexually explicit, pornographic, obscene, illegal, disparaging, racially or morally offensive, or otherwise inappropriate or objectionable;
- An Entry must not incorporate any commercial content that promotes any third party product or service or include or reference any third party name, logos, brand names, trademarks, service marks, trade names or trade dress in an infringing manner or in a manner that endorses, directly or indirectly, any third party product or service.
- An Entry cannot and will not contain any content that is false, deceptive, misleading or otherwise not in compliance with applicable laws.
- An Entry cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law.
In consideration of participating in the Competition, each Entrant unconditionally and irrevocably grants Sponsor the royalty-free, perpetual, worldwide, transferable and sublicensable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, edit, modify and otherwise exploit its Entry (including, without limitation, its name and other indicia of origin), in any and all markets and in any and all manner and media now known or hereafter devised without limitation and without notice, compensation or other consideration. Each Entrant represents and warrants that it has the sole and exclusive right to grant such rights to Sponsor, and that Sponsor's reproduction, publishing, broadcasting, displaying and/or use of the Entry as described in these Official Rules will not infringe on any rights of any third party. An Entrant shall not receive any compensation, notice or credit for use of an Entry other than as expressly disclosed in these Official Rules.
Except where prohibited by applicable law, participation in the Competition constitutes each Entrant's consent to Sponsor's and its agents' use of each Entrant's name, likeness and photograph for advertising, promotional and other purposes in any and all media, now or hereafter devised, in any manner, worldwide in perpetuity, without further payment or consideration, notification or permission.
JUDGING: Entrants will be judged in [four] phases which include the following:
- Phase 1 – Casting Calls
- Phase 2 – Selection of Semi-Finalists
- Phase 3 – Selection of Top Finalists
- Phase 4 – Selection of Grand Prize Winner
Selection for Casting Calls
After the end of the Competition Period, all eligible Entries received will be reviewed and judged by a panel of judges made up of the owners of Tokyo Rebel, based upon the following criteria: (i) look, (ii) presence, and (iii) style. 40 Entrants will be selected to participate in casting call auditions. Selected Entrants will be notified via email the week of the casting calls, no later than 10:00 a.m. ET on July 14, 2015. The email confirmation will include the Entrant's assigned date, location and time for the casting call, which will be determined in the sole discretion of Sponsor. Sponsor will try, but cannot guarantee, to assign casting call dates and times based on the Entrant's selection in her Entry.
A casting call will take place on July 19, 2015 in New York NY at the offices Tokyo Rebel located at 158 Allen Street, New York, New York 10002.
The final fitting for the Fashion Show will take place on or around August 27, 2015.
Selection of Semi-Finalists
Casting calls will be reviewed and judged by a panel of judges made up of the owners of Tokyo Rebel, who will review and score each individual upon the following criteria: (i) look, (ii) presence, and (iii) style (the "Semi-Finalist Criteria"). 20 semi-finalists ("Semi-Finalists"), as determined by the judges in accordance with the Semi-Finalist Criteria, will be selected. Semi-Finalists will be notified by e-mail that they have been selected.
Selection of Top Finalists
On or about August 29th and 30th, 2015, the each Semi-Finalist will have the opportunity to walk in the WakuWaku+NYC Lolita Fashion runway show in Brooklyn, New York. The runway show will be reviewed and judged by VIP guest designers, Baby and Putumayo (“Guest Designers”), who will review and score each Semi-Finalist upon the following criteria (the "Top Finalist Criteria"), based upon a 5-point scale, with 1 being the lowest score and 5 being the highest score:
- Runway walk
- Photogenic appeal
- Facial structure / unique attributes
- Commercial appeal
- Match with current modeling and fashion industry "look"
Seven (7) finalists ("Top Finalists") as determined by the judges in accordance with the Top Finalist Criteria, will be selected. In the event of a tie, the model with a higher score in the "Runway Walk" category will be deemed a Top Finalist. If necessary to resolve a further tie, the model with a higher score in the "Photogenic Appeal" category will be deemed a Top Finalist. Top Finalists will be notified by e-mail that they have been selected.
Selection of Grand Prize Winner
On August 30, 2015, each Top Finalist will have the opportunity to walk in the live WakuWaku+NYC Lolita Fashion Runway Model Search and Competition event, located in Brooklyn, New York. The event will be judged by an expert panel of model judges, who will score and review each Top Finalist based on the following criteria (the "Winner Criteria") based upon a 5-point scale, with 1 being the lowest score and 5 being the highest score:
- Runway walk
- Photogenic appeal
- Facial structure / unique attributes
- Commercial appeal
- Match with current modeling and fashion industry "look"
At the end of the event, the Top Finalist with the highest total score under the Winner Criteria will be announced as the Grand Prize Winner, which will be announced at the end of the evening.
The decisions of the judges in each phase of the Competition (collectively, "Judges") are final and not subject to challenge or appeal. Judges are selected and authorized to judge by Sponsor, which reserves the right to replace, add and/or remove judges, and/or otherwise modify the judging process at any time prior to the commencement of for the WakuWaku+NYC the Lolita Fashion Runway Model Search and Competition. The process to select the Grand Prize Winners may be modified or amended without notice at any time at the sole discretion Sponsor. Sponsor, Judges and each of their partners are not responsible for any disruption and/or cancellation of the Competition and no guarantees or warrantees are implied.
PRIZES: Each Semi-Finalist will receive a gift bag valued under $500 plus recognition on the Waku Waku +NYC website.
The Grand Prize Winner will receive clothing from the Guest Designers (the “Grand Prize”).
Total Approximate Retail Value of the Grand Prize shall be less than $5,000.
To receive a prize, each winner may be required to complete an affidavit of eligibility, publicity release (except where prohibited by law) and/or liability waiver. Any winner who does not comply with such requirements, or who is otherwise found to be ineligible, may forfeit her prize, at Sponsor's sole discretion. Unclaimed prizes will not be awarded.
Winners are solely responsible for reporting and paying any and all applicable federal, state and local taxes and any additional fees associated with prizes.
Any costs not expressly specified herein, including without limitation the cost of travel to and from Brooklyn, castings and rehearsals, meals, parking fees, and lodging, are solely the responsibility of the Entrants, Semi-Finalists, and Finalists, as applicable.
Odds of winning depend upon the number of eligible Entries received.
GENERAL RULES: By submitting an Entry, each Entrant agrees, on behalf of himself/herself and his/her executors, heirs and assigns (1) to be bound and abide by these Official Rules and all decisions of Sponsor and Judges, whose decisions are final, binding and not open to appeal; (2) to release and hold Sponsor, Judges, and their respective directors, officers, employees, subsidiaries, affiliates, agents, divisions, agencies, licensors and advertising, promotional, or judging agencies and all suppliers (each, a "Released Party;" collectively, the "Released Parties"), harmless from any and all liability whatsoever in connection with the Competition, including without limitation, causes of action, injury, damage, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to participation in the Competition (including without limitation personal injuries and death and damage to, loss, or destruction of property), whether or not arising from the negligence of a Released Party, including but not limited to, third party claims that may be made against the Entrant and claims arising out of or relating to the acceptance, receipt, possession or use/misuse of any prize, or claims based on any publicity or other public exposure of the Entrant, including without limitation, claims concerning infringement or invasion of the Entrant's privacy or publicity, or defamation, or acts undertaken in preparation for or participation in the Competition, whether suffered by the Entrant or a third party, and claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of any prize or while preparing for, participating in or traveling to and/or from any Competition-related activity or otherwise; (3) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry and participation in the Competition; (4) that she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against any of the Released Parties in connection with the Competition; and (5) THAT NONE OF THE RELEASED PARTIES HAS MADE, OR IS RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED ON AN "AS IS" BASIS.
Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Competition, or any portion thereof, if it cannot be run as originally planned, including but not limited to, by reason of tampering, infection by computer virus, unauthorized intervention or fraud; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupts the administration or security of the Competition. In such event, the Competition shall be conducted from among all eligible Entries received (if any) prior to such suspension, modification or cancellation. Sponsor further reserves the right to take whatever action it deems necessary or appropriate in connection with the administration of the Competition.
If the Competition is cancelled for any of the reasons set out above, neither Sponsor, Judges, nor any of the parties contributing to the Competition will be required to reschedule it and/or compensate any Entrant for lost time, wages, fees, travel expenses or costs of any kind spent in preparing an Entry. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Sponsor further reserves the right to disqualify any individual who tampers with the entry process and may prohibit an Entrant from participating in the Competition if it determines that said Entrant is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception or other unfair practices or intending to abuse, threaten or harass other Entrants.
Sponsor and Judges assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor and Judges are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to the Entrant's computer relating to or resulting from participating in the Competition or downloading any materials in the Competition.
Entries using macro, robotic, script or other forms of automatic entry are not eligible and will be disqualified. Entries become the property of Sponsor and will not be acknowledged or returned. No mechanically reproduced Entries are permitted. Sponsor is not responsible for lost, late, illegible, mutilated, misdirected, delayed, incomplete, or inaccurate Entries. If there is a dispute as to the identity of an Entrant, the Entrant will be deemed to be the authorized account holder of the e-mail address listed on the Entry. The "authorized account holder" is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrant may be required to show proof of being the authorized account holder.
Failure to comply with the Official Rules will result in disqualification. Without limiting anything set out elsewhere in these Official Rules, an Entrant will be disqualified, at the sole discretion of Sponsor, if he/she attempts (a) to enter the Competition through any means other than described in these Official Rules; or (b) to disrupt the Competition, circumvent the terms and conditions set forth in the Official Rules, or in any way tamper with any component of the Competition. Each Entrant agrees not to defame or disparage Sponsor, its parents and affiliate companies.
CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE, UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION, AND/OR ABSCOND WITH OR MISUSE PRIZES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
Each Entrant understands that during the Competition Period and thereafter, Entries may be posted on the Website and/or other websites on the Internet; included, mentioned and/or discussed on local and/or national television and/or written about in newspapers, magazines, blogs, chat rooms, bulletin boards and elsewhere; and/or included in advertisements. Each Entrant hereby acknowledges and agrees that the Released Parties have no control over such uses, postings or the statements, opinions, discussions, comments or otherwise made about the content of the Entry or the Entrant. Without limiting anything set forth above, each Entrant expressly releases the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such uses, postings or comments.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition materials (e.g., marketing, advertising or other ancillary documents) and these Official Rules, the Official Rules shall prevail, govern and control.
DISPUTES / CHOICE OF LAW: Except where prohibited, each Entrant agrees: (1) that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the Borough of Manhattan, City and State of New York; (2) that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys' fees associated with participation in the Contest; (3) that no punitive, incidental, special, consequential or other damages, including without limitation, lost profits may be awarded (collectively, "Special Damages"); (4) his/her remedies are limited to a claim for money damages (if any) and in no event will include any injunctive or equitable relief; and (5) to waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law exclusively governs these Official Rules, the Contest and all aspects related thereto or arising there from.
OFFICIAL RULES: The Official Rules will be posted on the Website. Individuals may also request a copy of the Official Rules by sending an email with the subject line "WakuWaku+NYC Lolita Fashion Runway Model Search and Competition Official Rules," to email@example.com prior to July 15, 2015.
WINNER'S LIST: Winners' List requests will only be accepted between the end of the Competition Period and July 15, 2015. For a copy of the Winners' List, send an email with subject line: " WakuWaku+NYC Lolita Fashion Runway Model Search and Competition Winner List Request," to firstname.lastname@example.org.
© 2015, Azix Inc., WakuWaku+NYC. All rights reserved.