US Bikini Contests Official Rules

THIS CONTEST IS OPEN TO LEGALLY BORN WOMEN WORLDWIDE.

ELIGIBILITY: The Miss US Bikini Competition (the “Contest”) is open to women worldwide, who are eighteen (18) years of age and older as of November 1 , 2013.  Employees, former models, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and their respective household members, whether or not related, of US Bikini Models, LLC. (“Sponsor”) are not eligible to enter or win. Contest is subject to all applicable federal, state, and local laws. U.S. law governs this Contest.

CONTEST PERIOD/PHASES:  The Contest consists of four phases:

Entry Period.  The entry period begins at 12:00:01 AM ET on October 1st, 2012 and ends at 11:59:59 PM ET on August 31st, 2013 (“Entry Period”).

Public Voting.  The public voting period begins on or about 12:00 AM EST on October  1st, 2012 and ends on or about August 31st, 2013 (“Voting Period”).

Semi-Finalist Selection.  The judging period to select up to sixty-five (65)* semi-finalists (“Semi-Finalists”)  from the top votes starts on or about 12:00:01 AM EST October 1, 2013 and ends on or about 11:59:59 PM ET October 7, 2013. All Semi – Finalist will be notified by email.

Grand Prize Winner Selection.  The judging period to select the single grand prize winner (“Grand Prize Winner”) from the fifty (50)* “Semi-Finalists” starts on or about November 8th, 2013 and ends on or about November 11th, 2013. (Exact Dates TBA at a later time).

CONTEST DESCRIPTION: The Contest is a contest of skill to market and model for the US Bikini International Model Search (“Theme”). Entries must only be submitted via the online method described below. The top (65)*  entries with the highest votes after initial voting and judging period is completed, as determined by the judges in their sole discretion, will participate in a second judging round which shall consist of a brief phone interview, after which the fifty (50)* highest scoring entrants will be deemed the Semi – Finalists.  The Semi – Finalists will then be judged in person in a final round of judging, and the Finalist with the highest score as determined by the judges in their sole discretion will be selected as the Grand Prize Winner, and given the title “Miss US Bikini” all subject to verification of eligibility and compliance with these Official Rules. Some of the eligible entries received will also be posted at www.usbikinicontests.com/models following submission, where they will be voted on by visitors to www.usbikinicontests.com/models.  Each person who enters the Contest fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the judges and Sponsor, which shall be final and binding in all respects.  All eligible entries received will be judged by a panel of judges based on the criteria set forth in Section 6.

HOW TO ENTER: To participate in the Contest, entrants must upload at least two (2) photos of themselves, one head shot and one full body shot.   Photos must be in jpg, gif, or png format.  The photos must be no more than six (6) months old.  The entrants photos must not be obscene, lewd or offensive. To submit the photos, entrant must be a female who is a legal resident of the U.S., twenty-one (21) years of age or older.  To submit photos, entrants must go to www.usbikinicontests.com/model-submission, and upload their photo submission along with other identifying information (including name, age, occupation, address, email address, and phone number) during the Entry Period. The photos (“Entries”) must be received during the Entry Period to be eligible. Each Entry becomes the property of the US Bikini International Model Search and will not be acknowledged or returned.  Each entrant may submit one head shot and one full body shot plus a additional photos.  Entries submitted in any other form, including via U.S. Mail or hand delivery will not be considered.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant who enters this Contest represents and warrants to US Bikini International Model Search as follows: (i) the photos depict the entrant; (ii) the entrant is not in any way prohibited from participating in this Contest or performing the obligations set forth in these Official Rules, including but not limited to being a party to any contract or agreement which in any way restricts entrant’s ability to participate in the Contest; (iii) the entrant has all rights necessary to submit the photos, and the photos neither infringe upon nor violate the intellectual property rights or other rights of any other person or entity; and (iv) the photos do not and will not violate any applicable laws, and are not and will not be defamatory, libelous, pornographic, or obscene. Entrants understand that their photos may be posted to a website for public viewing/voting and each entrant hereby agrees to indemnify and hold the Releases (as defined below) 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. Any photos that include likenesses of third parties are prohibited and such entrants will be disqualified.  If any photos contain elements not owned by the entrant (such as, but not limited to depictions of buildings, trademarks, logos or copyrighted material), the entrant must be able to provide legal releases for such use (including Sponsor’s use) of such photos, in a form satisfactory to Sponsor, or the entry will be disqualified.

WINNER DETERMINATION: During the Voting Period, the public will vote at the www.usbikinicontests.com/models website on the entries based on the following suggested criteria:  relevance to Theme – 40%; ability to promote US Bikini Contest’s products – 40%; general appeal as bikini model – 20%.  Each member of the public may vote for multiple entries.  Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void.  All eligible entries received will then be judged by a panel of judges from US Bikini Contest’s organization in two rounds of judging.  In the first round, judges will use the following criteria to determine sixty-five (65)* preliminary finalists: relevance to theme – 35%; ability to promote US Bikini Contest’s products – 35%; general appeal as a bikini model – 15%; number and results of public votes – 15%.  The sixty-five (65)* highest scoring entrants after the first round will be deemed preliminary finalists and will advance to the second round of judging. In the second round, the sixty-five (65)* preliminary finalists will be contacted to participate in a brief phone interview, conducted by the judges.  The criteria for the phone interview will be: ability to promote US Bikini Contest’s products – 35%; friendliness and demeanor – 35%; and quality of responses – 30%.  The fifty (50)* highest scoring preliminary finalists after the second round, as determined by the judges in their sole discretion, will be declared Semi-Finalists, subject to verification of eligibility and compliance with all terms and conditions set forth in these Official Rules.  Failure to participate in the second round of judging, for any reason, including but not limited to failing to timely return messages, will result in disqualification, at US Bikini Contest’s discretion, and an applicable substitute may be notified.  The fifty (50) Finalists will then be judged in person by a panel of judges from US Bikini Contest’s organization at the US Bikini International Model Search event using the following criteria to determine the Grand Prize Winner:  relevance to Theme – 25%; ability to promote US Bikini Contest’s products – 25%; general appeal as a bikini model – 25%; friendliness and demeanor – 25%.  All determinations shall be final and binding. In the event of a tie at any stage, the entrants or Semi – Finalists involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate entries according to criteria listed above to determine the preliminary finalists, Finalists or Grand Prize Winner, as applicable. US Bikini Contests reserves the right to not award the Finalists or a Grand Prize Winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.

WINNER NOTIFICATION: Potential Semi – Finalists will be notified by email and/or telephone and/or overnight or U.S. mail on or about October 10, 2013.  Potential winners will be required to execute an affidavit of eligibility and liability release and, where legal, a publicity release, and a Federal and State tax release, and return same, properly executed, the first day arrive to compete for the finals. Failure to return documents as specified, or if any notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, will result in disqualification and, at Sponsor’s discretion, an applicable runner-up may be notified.  The Grand Prize Winner will be notified at the Miss US Bikini crowning event on or around November 7, 2013.

PRIZES: All Semi – Finalists will receive a gift bag   If US Bikini International Model Search, in its sole discretion, decides to hold the Contest in 2014, the Grand Prize Winner will also receive roundtrip airfare to the venue from anywhere in the United States and hotel accommodations to attend the following years Miss US Bikini Model Search event.  Prizes are non-transferable and no substitutions permitted, except in US Bikini Contest’s sole discretion, who reserves the right to substitute a prize of comparable or greater value. Any other expenses not listed are the sole responsibility of the Semi – Finalists.  All taxes associated with prize acceptance and use are the sole responsibility of the winners. Limit one (1) prize per person/email address/household.  The approximate cash value of the prizes is based on the number of sponsorships.

REQUIREMENTS FOR SEMI-FINALISTS AND GRAND PRIZE WINNER:  If an entrant is selected as a Semi-Finalist, such entrant must have a minimum sponsorship of $150.00 and must attend the Miss US Bikini crowning event on or around November 8th, 2013 at a resort (TBD), as well as related promotional events as determined by US Bikini International Model Search.

GENERAL CONDITIONS: Any attempt by an entrant or any other individual to deliberately damage any online service or web site, or otherwise undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to disqualify any suspect entry or vote or entrant or voter and to cancel, terminate, modify or suspend the Contest and/or determine the winner(s) for the portion at issue from among all eligible, non-suspect entries or votes (as applicable) received as of the date of the termination using the judging procedures outlined above, as Sponsor determines in its sole discretion. Entries/votes not complying with all rules are subject to disqualification. No correspondence regarding entries will be entered into with entrants other than the potential winners. Sponsor reserves the right to disqualify entrants/voters who violate these rules, or interfere with this Contest in any manner and void all associated entries/votes. Sponsor reserves the right to not post or to remove any photo uploaded to www.usbikinicontests.com/models that Sponsor deems, in its sole discretion, infringes on any third party’s copyright, or is inappropriate or obscene and reserves the right to disqualify entrant who submitted such photo. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Contest.

OWNERSHIP OF ENTRIES. By entering, each entrant unconditionally assigns and transfers to Sponsor all rights, title, and interest in and to the submitted photos, the photos resulting from the photo shoot described in Section 8, and any other photos or video taken as part of the Contest, including, without limitation, the copyright therein. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the photos or videos for any purpose which Sponsor deems necessary or desirable in any and all media now or hereafter devised worldwide without limitation and without further compensation, notification or permission from entrant or any third party, and each entrant irrevocably waives any and all so-called moral rights they may have in the photos or videos. Each entrant agrees that Sponsor may, without any limitation or further compensation, use her name or photo, and each Finalist agrees that Sponsor may use her name, photo, video, including voice and/or likeness in any and all media now or hereafter devised worldwide without limitation and without further compensation, notification or permission from entrant for the purpose of advertising and promoting the Sponsor’s website, products, the Contest, or any other promotion, contest or sweepstakes sponsored by the Releases. Neither entrants nor winner shall be entitled to receive any compensation or credit for use of entries, other than that disclosed in these Official Rules.

FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments, certificates of engagement for the photos or other documents as Sponsor may reasonably require in order to effectuate the rights granted herein, then each entrant agrees to timely execute the same upon Sponsor’s request.

NATURE OF RELATIONSHIP. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship. Each entrant acknowledges and agrees that Sponsor does 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 photos.

RELEASE: Neither US Bikini International Model Search LLC., nor its parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, or travel agents or their respective officers, directors, shareholders and employees (collectively “Releases”) nor any telephone network or service providers or hosting environment shall have liability and shall be held harmless for any damage, loss or injury to an entrant or any third party resulting from participation in this Contest or for the use or misuse of any prize or Releases’ use of any rights granted herein; or for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to or editing of an entrant’s submission or any injury or damage to a entrant’s or any other person’s computer related to or resulting from participation in this Contest, or for any injury to person or property, arising from the entrant’s participation in this Contest or any Contest-related activity or from the acceptance, receipt, possession, use or misuse of any prize won. Releases are not responsible for lost, late, garbled, damaged, delayed, incorrect, illegible or misdirected entries, votes, photos or registrations or for any other errors or problems of any kind relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the posting of photos, the processing or judging of entries, the tabulating of votes, the announcement of the prizes or in any Contest-related materials. Releases are not responsible for any sexual harassment or other unwanted attention received by entrant by any third party as a result of the Contest.  The limitations of liability set forth above are comprehensive limitations of liability that apply to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Entrants agree that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Contest. We reserve the right to change / modify or alter the rules and regulations of the Contest at any time.

DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, 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.

WINNERS LIST: For the names of the winners or a copy of these Official Rules send a self-addressed stamped envelope to: Miss US Bikini International Model Search Winners List, 7710 Hazard Center Dr Ste E-408 San Diego CA 92108. All requests must be received by December 31, 2013. Winners’ names may also be posted on www.usbikinicontests.com/models.