Last updated January 8, 2015
The following terms and conditions (“Terms”) govern your use of the website marcjacobs.com and any other website, microsite, mobile device application, social media or other Internet property owned or operated by Marc Jacobs International, LLC, 72 Spring Street, New York, New York 10012, +1-212-965-4000 or any of its affiliates or any of Our affiliates or subsidiaries (collectively, “MJI” or “We” or “Us” or “Our”) and related services (collectively, the “Site(s)”). The terms “You,” “Your,” and “User” refer to anyone who accesses or is a visitor to any of the Site(s), including the website and web pages located at marcjacobs.com. The Site(s) are made available by MJI. USE OF ANY OF THE SITE(S) OR THE PURCHASE OF PRODUCTS FROM THE SITE(S) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. Your access to and use of the Site(s) is undertaken at Your own risk. If You do not agree to these Terms or are dissatisfied with the Site(s) or any content therein, Your sole and exclusive remedy is to stop using the Site(s) and its/their information, content and services, and You may not access or otherwise use the Site(s).
Last updated January 8, 2015
Free GROUND shipping is offered on all domestic orders, and expedited shipping to Canada, $200 or more before taxes/shipping charges.
Unless you obtain MJI’s prior written consent, You may not copy, reproduce, republish, upload, post, repost, transmit or distribute any part of the Site(s) in any manner whatsoever, except for Your personal, non-commercial viewing purposes. You may view the content of the Site(s) on Your computer or other Internet compatible device, and make single copies or prints of the content of the Site(s) for Your personal, internal use only. The Site(s) and the services offered on or through the Site(s), including any content and materials thereon, are only for Your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Site(s), or any content, code, data, or materials therein, is strictly prohibited unless You have received the prior written permission of MJI or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site(s). If You make other use of the Site(s), or the content, code, data or materials thereon, except as otherwise provided above, You may violate copyright and other laws of the United States of America, other countries, as well as applicable local and state laws and may be subject to liability for such unauthorized use. MJI will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
When You use any of the Site(s), You may not: (i) violate any law or regulation; (ii) violate or infringe any party’s intellectual property, privacy, publicity, or other legal rights; (iii) make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact; (iv) use or attempt to use any “deep link,” “scraper,” “crawler,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automatic means of obtaining lists of products, prices, Users or any other information from or through the Site(s) or the services offered on or through the Site(s), including without limitation any information residing on any server or database connected to the Site(s) or the services offered on or through the Site(s) (although MJI may allow operators of public search engines to use spiders to index materials from the Site(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and MJI reserves the right to revoke these exceptions either generally or in specific cases); (v) use automated methods to send more requests to MJI’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (vi) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vii) use the Site(s) or the services made available on or through the Site(s) in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site(s) or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (viii) violate the security of the Site(s) or attempt to gain unauthorized access to the Site(s), data, materials, information, computer systems, or networks connected to any server associated with the Site(s); (ix) interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site(s), any activities conducted on or through the Site(s) or any servers or networks connected to the Site(s), including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site(s); (x) send unsolicited or unauthorized advertising or commercial communications, such as spam; or (xi) stalk, harass, or harm another individual. You further agree that You may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site(s) or the Site(s)'s services, or any content thereof, or make unauthorized use thereof. You agree that You will comply with and respect all robots.txt files. You agree that You will not use the Site(s) in any manner that could damage, disable, overburden, or impair the Site(s) or interfere with any other party's use and enjoyment of the Site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s).
You agree that You shall not upload, post, transmit, distribute, or otherwise publish through the Site(s) or any service offered on or through the Site(s), any materials that (i) restrict or inhibit any other User from using and enjoying the Site(s) or the Site(s)'(s) services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, hateful, racist, aggressive, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise objectionable or inappropriate; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, patent, moral rights, confidentiality, contract, rights of privacy or publicity, or any other proprietary right; (v) contain a virus, spyware, or other harmful component or malicious or unsolicited software; (vi) contain advertising, chain letters, or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You alone are responsible for the content and consequences of any of Your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site(s) or MJI. MJI is not responsible for any materials posted to this Site(s) by any third parties. However, MJI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in MJI's sole discretion are objectionable or in violation of these Terms, MJI's policies, or applicable law.
You agree not to link from any other website to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is not viewable in its entirety in a User interface, "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your website at any time upon written notice to You.
By providing MJI and/or the Site(s) with User Content, You hereby grant to MJI and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, unrestricted, perpetual, irrevocable, license and permission to use, copy, reproduce, modify, adapt, translate, create derivative works of, transmit, display, print, publish, distribute and perform any and all of Your User Content (in whole or in part) in connection with the Site(s) and/or to incorporate Your User Content in other works in any form, media or technology now known or later developed, without further consent or notice to you, including for promotional and commercial purposes, and to authorize others to do all or any of the foregoing. You acknowledge and agree that You have no expectation of compensation or confidentiality of any nature with respect to any User Content. We may exercise these rights without notice to You and without paying any compensation to You. MJI reserves the right to display advertisements in connection with Your User Content and to use Your User Content to advertise and promote Your User Content, the Site(s), and MJI and its products. MJI reserves the right to modify User Content in its sole and absolute discretion. MJI is not required to host, display, or distribute any User Content, and may remove, delete or destroy any User Content at any time and for any reason or no reason in MJI’s sole discretion.
You represent and warrant that: (a) Your User Content is original to You, no other party has any rights thereto, and You own all rights in Your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in Your User Content) or, alternatively, You have acquired all necessary rights in Your User Content to enable You to grant to MJI the rights in Your User Content described herein; (b) Your User Content is not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us; (c) You have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Content; (d) You are the individual pictured or heard in Your User Content, or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in Your User Content to enable You to grant the rights to MJI described herein; (e) You will make such permissions available to MJI upon request; (f) Your User Content does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy right, publicity right or other intellectual property right of any other third party and that any “moral rights” in Your User Content have been waived; and (g) Your User Content complies with these Terms. You agree to keep all records necessary to establish that Your User Content does not violate any of the foregoing representations, warranties and promises and to make such records available to MJI upon MJI’s request.
You further agree that MJI and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, that You may send to MJI or its affiliates. You acknowledge and agree that (i) You have no expectation of compensation or confidentiality of any nature, and that MJI has no duties to You, with respect to such Feedback, and (ii) MJI has the right (but not the obligation) to use such Feedback for any purpose without notice to You and without paying any compensation to You. All Feedback is and will be considered non-confidential and non-proprietary.
MJI reserves the right, but does not have an obligation, to monitor and/or review User Content. MJI does not endorse or control the User Content transmitted or posted on the Site(s) and therefore MJI is not responsible for User Content and MJI does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of MJI. You understand that by using the Site(s), You may be exposed to User Content that is offensive, indecent, or objectionable to You. Under no circumstances will MJI be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of or reliance on any User Content submitted, transmitted, uploaded, posted, emailed, or otherwise made available via the Site(s). MJI has no control over User Content once it leaves the Site(s), and it is possible that others may duplicate User Content on other sites on the Internet.
You acknowledge that MJI has the right – though not the obligation – in Our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and You waive any rights You have in having the material altered or changed in a manner not agreeable to You. Without limiting the generality of the foregoing or any other provision of these Terms, MJI has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and We reserve the right to refuse service and/or terminate access without prior notice for any User who violates these Terms or infringes the rights of others.
You agree that if You include a link from any other website to marcjacobs.com or to any of the Site(s), such link shall open in a new browser window. You agree not to link from any other website to marcjacobs.com or to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your Web site at any time upon written notice to You.
MJI reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in MJI’s sole discretion are objectionable or in violation of these Terms, MJI’s policies or applicable law.
Nothing contained herein shall be construed as a restriction on or waiver of any consumer’s right to make any statement regarding MJI or its employees or agents, or concerning MJI’s goods or services.
Please send all of the information listed above to Our copyright agent:
Antonio Borrelli, Senior Director
Marc Jacobs International, LLC
72 Spring Street
New York, New York 10012
You may only order products if, and You hereby represent and warrant that, You are 18 years old or older. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to MJI. You agree to pay all applicable taxes. If payment is not received by Us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by Us. You agree that You are not permitted to resell any products purchased through or via any of the Site(s) for commercial purposes.
We cannot, and do not, guarantee the correctness, precision, thoroughness, or completeness of any of the information available on the Site(s), nor will We be liable for any inaccuracy or omission concerning any of the information provided on the Site(s).
Without limitation of the above in this section, none of MJI, its parent company, or their respective affiliates, suppliers, licensors or licensees make any warranties or representations regarding any products or services provided via the Site(s), and hereby disclaim, and You hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Site(s) or in correspondence with MJI or its agents.
The foregoing exclusions of express and implied warranties do not apply to the extent prohibited by local laws. Please refer to Your local laws for any such prohibitions.
MJI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO ONE DOLLAR (USD $1.00). To the maximum extent permitted under applicable laws, in no event shall the total aggregate liability of the Protected Entities to You for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or Your use of the Site(s) exceed the amount, if any, paid by You to MJI for Your Use of the Site(s) or purchase of products via the Site(s).
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
These Terms constitute the entire agreement between the parties relating to the Site(s) and supersede any and all other agreements, oral or in writing, with respect to the Site(s). These Terms are personal to You, and You may not assign Your rights or obligations to anyone.
All rights not expressly granted herein are reserved.
Effective Date: January 8, 2015
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF BEING SELECTED.
CASTING DESCRIPTION: The “Cast Me Marc” Casting Call (the “Casting Call”) begins on or about March 16, 2015 12:01 a.m. Eastern Time (“ET”) and ends on April 16, 2015 at 11:59 p.m. ET (the “Casting Period”). During the Casting Period, entrants will have the opportunity to submit a photo using their Instagram or Twitter account (each, a “Submission”) and to submit the photo for consideration as more fully set forth below. At the end of the Casting Period, Marc Jacobs International, LLC shall select an entrant or number of entrants to be determined in Marc Jacobs International, LLC’s sole discretion from among all eligible Submissions received during the Casting Period, as set forth more fully below. Entry in the Casting Call does not constitute entry into any other casting call, promotion, contest or sweepstakes. By participating in the Casting Call, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Marc Jacobs International, LLC, 72 Spring Street, New York, New York 10012 (“MJI”), which shall be final and binding in all respects. This Casting Call is in no way sponsored, endorsed or administered by, or in association with Instagram or Twitter.
IMPORTANT NOTE: By entering the Casting Call, all entrants understand and agree that all Submissions will be posted on the Internet (and other media as designated by MJI in its sole discretion) for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, no entrant will be eligible to be selected as a Selected Model unless MJI determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes and that such entrant is otherwise eligible to participate in the Casting Call and the Shoot.
Limit one entry per person and/or household and/or e-mail address. Limit one Submission per person and/or household and/or e-mail address. Entries using more than one Instagram or Twitter account will be ineligible. All entries must be received by the end of the Casting Period in order to be considered. MJI will be the official timekeeper for this Casting Call. Proof of entering information on Instagram or Twitter is not considered proof of delivery to or receipt by MJI of such entry.
ELIGIBILITY: This Casting Call is open to persons who are eighteen (18) years of age or older (and have reached the age of majority in their jurisdiction) as of the date of entry. Directors, officers and employees of MJI, its parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Casting Entities”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter the Casting Call or participate in the Shoot. This Casting Call is void where prohibited by law.
SELECTION AND NOTIFICATION: At the end of the Casting Period, the selected entrants (the “Selected Models”) will be selected by MJI (or its designee) to be featured in a MARC BY MARC JACOBS Spring/Summer 2015 advertising campaign based upon the following criteria: (i) how well the Submission reflects the MARC BY MARC JACOBS brand image; and (ii) quality of the image (the “Judging Criteria”). The Judging Criteria are to be applied in the sole discretion of MJI; each entrant agrees to be bound by and not challenge the final decisions of MJI. MJI will attempt to notify the potential Selected Models by posting a comment on or replying to the potential Selected Model’s Submission including MJI’s contact information. The potential Selected Model must then contact MJI using that contact information within one (1) day of notification. MJI shall have no liability for any Selected Model’s notification that is lost, intercepted or not received by a potential Selected Model for any reason. If a potential Selected Model does not respond within forty-eight (48) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential Selected Model, such potential Selected Model will forfeit his or her participation in the Shoot and an alternate Selected Model may be selected. If any potential Selected Model is found to be ineligible, or if he or she has not complied with these Official Rules or declines for any reason prior to the photo shoot, such potential Selected Model will be disqualified and an alternate Selected Model may (but is not required to) be selected.
Potential Selected Models will only be contacted by the handles “MarcJacobsIntl”, “estab_casting” on Twitter, or “establishmentny” on Instagram. Establishment Casting Inc. is MJI’s casting agent for the Casting Call. Any other handles or contact through any other means are not authorized and have no affiliation with the Casting Call.
CAMPAIGN: The Casting Call is for a model/models to be featured in a MARC BY MARC JACOBS Spring/Summer 2015 advertising campaign. The modeling shoot is currently scheduled to take place on October 13, 2014 through October 15, 2014 in New York City, New York. MJI will pay for the Selected Model’s (or Selected Models’) (i) round-trip coach airfare between the major airport that is nearest to the Selected Model’s (or Selected Models’) residence and New York City, New York; and (ii) reasonable hotel accommodations at a hotel selected by MJI in its sole discretion. All travel arrangements (including airfare and hotel arrangements) will be made by MJI in its sole discretion. If the Selected Model (or Selected Models) does not/do not or cannot participate in the Shoot due to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, such Selected Model(s) may be disqualified and an alternate Selected Model(s) may be selected. The Selected Model(s)’s schedule during the Shoot will be entirely at MJI’s sole discretion and is subject to change without notice.
If the Selected Model(s)’s residence is close enough to New York City, New York such that air transportation is deemed by MJI in its sole discretion to be unnecessary, the participation in the Shoot will not include air transportation from the Selected Model(s)’s residence and no other substitution or compensation will be provided in lieu thereof. The Selected Model(s) must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Shoot must be conducted on such dates as determined by MJI in its sole discretion. The dates of departure and return are subject to change at MJI’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel may vary depending upon points of departure and destination and fare fluctuations. MJI reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel is an estimate made before the Casting Call begins. The Selected Model(s) will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Shoot begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the Selected Model(s). A deposit or payment in advance, or presentation of a credit card by the Selected Model(s), may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Selected Model(s) is/are solely responsible for any charges and/or fees arising from changes made directly with the hotel. The restrictions/conditions stated herein are not all-inclusive and the Shoot described above may be subject to additional restrictions/conditions, which may be stated in the “Casting Call Documents” (as defined below) and/or other travel documents. In the event the Selected Model(s) engage(s) in behavior that, as determined by MJI in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, MJI reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Selected Model(s) home with no further compensation.
The Selected Model(s) shall be responsible and liable for all federal, state and local taxes (and the reporting consequences thereof) on the value of their compensation and any other fees or costs associated with the acceptance of the Casting Call and may be issued an IRS 1099 tax form and is/are advised to seek independent counsel regarding any forms of compensation received. Compensation will be awarded only if the potential Selected Model(s) fully comply(lies) with these Official Rules. All portions of the Casting Call are non-assignable and non-transferable. All details and other restrictions of the Casting Call not specified in these Official Rules will be determined by MJI in its sole discretion. No cash alternative or substitution of the Shoot will be allowed. The potential Selected Model(s) may be required to execute an Affidavit of Eligibility, a Liability Release, Confidentiality Agreement and (where imposing such condition is legal) a Publicity Release and any other documents required by MJI (collectively, the “Casting Call Documents”). If any potential Selected Model fails or refuses to sign and return all Casting Call Documents within ten (10) days of notification, the Selected Model(s) may be disqualified and an alternate Selected Model may be selected.
GENERAL CONDITIONS: This Casting Call is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. MJI makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any participation in the Shoot or compensation furnished in connection with the Casting Call or Shoot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH SHOOT AND RELATED COMPENSATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND MJI HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Entrant represents and warrants that the Submission: (i) is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) was recently photographed or recorded and depicts or describes entrant honestly and accurately; (iii) does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, disparaging or offensive. Each entrant hereby agrees to indemnify and hold the Casting Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. The provision of this paragraph and entrant’s obligations hereunder shall survive the expiration of this Casting Call.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Casting Call hereby irrevocably grants MJI, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. In addition, each Selected Model hereby irrevocably grants MJI, its successors and assigns, an exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever. Without in any way limiting the foregoing, MJI shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which MJI deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. MJI shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. MJI shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of participation in the Shoot constitutes the Selected Model’s permission for the Casting Entities to use the Selected Model’s name, video, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Casting Entities, Instagram and Twitter: (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Casting Call/Shoot or any Casting Call/Shoot -related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse relating to the Casting Call/Shoot, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Casting Call or participation in the Shoot, including, without limitation, to such Casting Call/Shoot’s quality or fitness for a particular purpose. MJI assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Casting Call, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, MJI is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. MJI reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Casting Call to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Casting Call, or to annoy, abuse, threaten or harass any other person, and MJI reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to MJI’s satisfaction, the affected entry will be deemed ineligible. MJI reserves the right to modify, extend, suspend, or terminate the Casting Call and/or the Shoot if it determines, in its sole discretion, that the Casting Call is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond MJI’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Casting Call as contemplated herein. If an insufficient number of eligible entries are received and/or MJI is prevented from selecting Selected Model(s) or continuing with the Casting Call and/or the Shoot as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within MJI’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, MJI shall have the right to modify, suspend, extend or terminate the Casting Call and/or the Shoot. If the Casting Call is terminated before the designated end date, MJI will (if possible) select the Selected Model(s) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only participation in the Shoot described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of MJI. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules 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.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Casting Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to MJI for purposes of the Casting Call does not place the Casting Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Casting Entities have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Casting Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Casting Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Casting Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Casting Call, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: MJI shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (collectively, the “Materials”), select any Selected Models, or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and MJI may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Casting Call, MJI reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Casting Call. MJI cannot accurately predict the number of entrants who will participate in the Casting Call.
FURTHER DOCUMENTATION: If MJI shall desire to secure additional assignments, certificates of engagement for the Submission, the Materials or other documents as MJI may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon MJI’s request therefor.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR MJI IN CONNECTION WITH THE CASTING CALL SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Casting Call, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Casting Entities arising out of, relating to, or connected in any way with the Casting Call, the awarding or redemption of participation in the Casting Call or Shoot and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Casting Call; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Casting Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Casting Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Casting Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, MJI agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MJI will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor MJI shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.