Terms & Conditions

/Terms & Conditions
Terms & Conditions 2017-07-31T13:14:14+00:00

Terms & Conditions

Overview

Contest: Curvy Kate World Star in a Bra 2017
Promoters: Curvy Kate Ltd
Sponsor: Curvy Kate Limited. Registered Office Unit 1, The Hawthorn Centre, Elmgrove Road, Harrow, Middlesex. HA1 2RF United Kingdom

Contest:

Curvy Kate World Star in a Bra 2017

Promoters:

Curvy Kate Ltd

Sponsor:

Curvy Kate Limited. Registered Office Unit 1, The Hawthorn Centre, Elmgrove Road, Harrow, Middlesex. HA1 2RF United Kingdom

Career Opportunity / Prizes

The Highest Voted Winner as defined in Section 4 will receive:

  • One year’s worth of Curvy Kate Lingerie or Swimwear valued up to $1400
  • Inclusion in the Curvy Kate Spring Summer 2018 Collection Catalogue. Photoshoot to be held on location in Europe or America, exact location to be confirmed closer to date. Photoshoot will be held on or around 20-28th April 2018
  • All flights, transfers and accommodation considered necessary for the Winner to attend the Photoshoot will be paid by Curvy Kate
  • A two year-long exclusive modelling contract with TRUE Model Management
  • $500 spending money for the Winner
  • TRUE Model Management Photoshoot in New York, NY for Portfolio Images
  • Dinner with Dale Noelle, CEO of TRUE Model Management

The Highest Voted Winner as defined in Section 4 will receive:

  • One Curvy Kate set of Lingerie valued up to $112
  • A Makeover and Photoshoot with Curvy Kate on location in New Jersey, at Bare Necessities HQ one day between 13 – 16th October 2017
  • 5 Images from the shoot
  • TRUE Model Management tote bag with gifts

Competition Dates

All Phases will commence at 12:00:01 EDT and close at 23:59:59 EDT

Entry Period: August 1st 2017 – September 20th 2017
Submission Deadline: September 20th 2017
Live Audition Judging Round: September 21st – 26th 2017
Live Audition Finalists Announced: September 27th 2017
Live Audition Photoshoot: October 13 – 16th 2017 (1 day only)
Finalists Voting Week: October 25th – 8th November 2017
Winner Announced: November 15th 2017

Entry Period:

August 1st 2017 – September 20th 2017

Submission Deadline:

September 20th 2017

Live Audition Judging Round:

September 21st – 26th 2017

Live Audition Finalists Announced:

September 27th 2017

Live Audition Photoshoot:

October 13 – 16th 2017 (1 day only)

Finalists Voting Week:

October 25th – 8th November 2017

Winner Announced:

November 15th 2017

Disclaimer

When you submit an image to the Promoters as an entry, you grant the Promoter a limited license to use your image. You always own the copyright of your image. The Promoter never owns the copyright of your image.

If you are selected as a Finalist or Winner, then in exchange for a prize, you may be required to license or assign your images to the Sponsor or other such third party providing the prize in addition to entering in to such other agreement as required to fulfil the prize. If you do not want to license or assign your images or enter into such other agreement as required in exchange for a prize, an alternate Finalist or Winner will be selected and you will retain the rights to your images.

No purchase or payment is necessary to enter or win. A purchase or payment will not improve your chances of winning. The entry period for the Contest shall begin and end on the dates and times set forth above. The Contest is governed by these official rules and is subject to English Law.

1. Eligibility

The Contest is open only to those who match all of the following:

  • At least 18 years of age at the time of entry. Proof of residency and age may be required
  • Have a size D+ cup bra size
  • Are not currently under contract with an agency as a model

Employees of the Promoters and or Sponsor, their subsidiaries, divisions, affiliates, clients, and advertising or promotional agencies or partners, and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, entrant must fully comply with the Official Rules, the Terms and Conditions and Privacy Policy and, by entering the Contest, entrant represents and warrants that the entrant agrees to be bound by these Official Rules, the Terms and Conditions and Privacy Policy, and the decisions of the Sponsor’s designated judges, whose decisions shall be binding and final in all respects relating to this Contest.

2. How to Enter

To enter the Contest, during the Entry Period, visit the Contest Site www.starinabra.com and follow the entry instructions, which will require, among other things, that the entrant submits five (5) photos of self: 3 full length lingerie or swimwear photographs and 2 face/head shots ("Photos”) showing entrant fits the brand image of Curvy Kate and provide text of up to 500 characters indicating why they are entering the Contest.

The Photos, Essay and entry form are collectively, an Entry.

By submitting an Entry, the entrant agrees that they have read and consent to be bound by these Official Rules, the Terms and Conditions and Privacy Policy.

The Promoters and Sponsors or their designated representatives reserve the right to disqualify and remove any Entry that does not conform to these Official Rules, the Terms and Conditions or Privacy Policy as determined by Promoter or Sponsor in its sole discretion. Entrants will not be notified if an Entry has been disqualified and removed.

Submitted Entries will not be returned or acknowledged. Proof of submission of an Entry does not constitute proof of receipt by Sponsor.

Only one (1) Entry per person/email address permitted. In the event of a dispute over the identity of an online entrant or the rights to a Photo or Essay, the Entry will be disqualified.

Each Entry must also comply with the following requirements:

  • Entrants must upload 3 full length lingerie and swimwear photos and 2 face/headshot photos. They must not be professionally produced but must show your body and face clearly without obstructions
  • The Photos and text are original with you, are not copied from any other work, and do not infringe upon the rights of any third party
  • Except as set forth on the Contest Site, the Entry must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service (with the exception of Curvy Kate)
  • The Entry must not contain any personally identifiable information of any person other than the entrant. Should the entrant include personally identifiable information about the entrant in the Entry, the entrant acknowledges and agrees that such information will be disclosed publicly and the entrant is solely responsible for any consequences thereof
  • The Entrant will not digitally enhance or alter their photographs (beyond the basics needed to achieve realistic colour balance and sharpness). Once a Photo is received it cannot be modified or edited but Photos can be substituted until the submission deadline
  • The Photos can only depict the entrant and no entries may be submitted on behalf of someone else
  • Due to technical limitations the uploaded Photos cannot be larger than 20 MB uncompressed
  • Photos cannot be enhanced, altered, or edited in any form through digital software
  • Any Entry that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libellous, or any Entry that otherwise contains inappropriate content or objectionable material may not be submitted and may be removed at any time in the Promoter or Sponsors’ sole and unfettered discretion
  • The Entrant may not be subject to an acting or modelling contract that would make entrant’s appearance in the Entry a violation of any third-party rights; or under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent the Promoter and/or Sponsor from being able to use the Entry worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations
  • All details submitted on the application must be correct as of time of entering

Promoter reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules, the Terms and Conditions or Privacy Policy. The decisions of the Promoter on this and all matters pertaining to the Contest shall be final and binding.

All entries must be recieved by 23:59:59 EDT on the last day of the entry period.

Limit one (1) entry per person throughout the Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted will be deemed to have been submitted by the authorised account holder of the email address submitted at the time of entry. "Authorised account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Upon receipt, all submissions shall be eligible to be licensed to Sponsor and shall not be licensed elsewhere as set forth below and will not be acknowledged or returned.

3. Entrants License to use entries

By participating in the “Contest”, each entrant warrants and represents:

  • That the Entry complies with the requirements in these official rules
  • That use by Sponsor of the Entry as licensed by entrant or assigned by the winners herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever.

By entering the Contest and submitting an Entry, each entrant:

  • (a) Retains ownership of the Entry submitted;
  • (b) Grants to the Promotors or Sponsor, and any organisations affiliated with the sponsorship, fulfillment, administration, advertisement or promotion of the Contest the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitise, modify, edit, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or in part, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and Contest, or any other reason, all without further consent from or payment to entrant or any other person or entity
  • (c) waives all moral rights in and to their Entry in favour of the Sponsor; and
  • (d) agrees to indemnify, release and hold harmless the Released Parties (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action

For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or disqualify any Entry for any reason.

Entries may be published and posted online but entrants agree that Sponsor has no obligation to post or publish Entries and that all such postings or publication, if any, will be in the Sponsor’s sole discretion and that the posting or publication of an Entry has no bearing on whether the Entry is a potential winner.

In the event of any dispute or potential dispute regarding the Entry or entrant, Identifiable Person or any third party or if Sponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules by any person involved in an Entry, the Entry may be disqualified in Sponsor’s sole discretion.

Sponsors may ask for evidence of written permissions required by these Official Rules.

4. Selection of Winner(s)

Round One: All submitted Entries would be reviewed for compliance with the rules as stated herein. Then all Entries will initially be judged by a panel of judges from the Curvy Kate editorial team ("Judges") and TRUE Model Management based on the following criteria;

  • Appropriateness to the identity of the brand
  • Entrant’s suitability for trade and advertising purposes
  • Likely fit in Curvy Kate lingerie
  • Originality of Essay ("Judging Criteria")

Semi Finalist Notification: On or about September 21st-26th 2017, the selected semifinalists will be notified by phone and/or e-mail, at Promoter’s discretion, using the information provided by each semifinalist.

The Promoter and Sponsor shall have no liability for any semifinalist notification that is lost, intercepted or not received by selected semifinalist for any reason.

In Promoter's sole discretion, selected semifinalists may be disqualified and alternate semifinalists may be selected in accordance with these Official Rules from among the remaining eligible entrants if the selected semifinalist(s):

  • Cannot be reached for whatever reason after a reasonable effort has been exerted based on the information provided by the semifinalist or semifinalist notification is returned as undeliverable
  • Declines or cannot accept for any reason
  • Is found to be ineligible to enter the Contest or receive the prize
  • Cannot or does not comply with these Official Rules, the Terms and Conditions or Privacy Policy

Promoter is not obligated to leave voice mail, answering machine, or other message.

Selected semifinalists will be required to complete and return (as directed by Promoter) a Declaration of Eligibility, Release of Liability, Publicity Release, and/or Copyright Transfer (where permitted bylaw) (collectively, the “Declaration") by the date specified in the notification or, in Promoter’s sole discretion, semifinalist position forfeited and an alternate semifinalist may be selected in accordance with these Official Rules from among the remaining eligible entrants.

Promoter reserves the right to modify the notification and Declaration procedures in connection with the selection of semi-finalists and/or alternate semi-finalists, if any.

Live Audition Stage: The Photo Entries of the semi-finalists will be required to travel to a photoshoot location to take part in a ‘live audition’. The locations will be at Bare Necessities Head Quarters, Edison New Jersey.

If travel and accommodation is needed this will be paid in full by the Company, Curvy Kate.

All semi-finalists will then be judged by a panel of judges from the Curvy Kate editorial team ("Judges") and TRUE Model Management based on the following criteria;

  • Appropriateness to the identity of the brand
  • Entrant’s suitability for trade and advertising purposes
  • Likely fit in Curvy Kate lingerie
  • Originality of Essay ("Judging Criteria")

Finalist Voting Round: The Photo Entries of the finalists chosen by the (“Judges”) will be posted on the Contest Website and voted on by the public who will determine their favourites by voting for their top one (1) choice from the semi-finalists.

The Voting Period begins at 12:00:01 EDT on October 25th 2017 and ends at 23:59:59 EDT on November 8th 2017 (“Finalists Voting Period”).

The ‘Winner’ (1) will be determined by the public and by the judging panel.

The Winner will be determined by the highest number of valid Votes received from Voters who log into the Contest Website (as determined by Sponsor).

Winner Notification: On November 15th 2017, the winner will be announced across the website www.starinabra.com

In Promoter's sole discretion, the winner may be disqualified and alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entrants if the winner:

  • Cannot be reached for whatever reason after a reasonable effort has been exerted based on the information provided by the winner or winner notification is returned as undeliverable
  • Declines or cannot accept for any reason
  • Is found to be ineligible to enter the Contest or receive the prize
  • Cannot or does not comply with these Official Rules, the Terms and Conditions or Privacy Policy
  • Is unable to attend the final Photoshoot

Promoter is not obligated to leave voice mail, answering machine, or other message.

5. Voting Requirements of Voting

All Valid Voters in the Final Voting Round must vote for the top favourite finalist by registering and logging on to the Contest Website and following the onscreen prompts to vote for their favourite choice (a “Vote”).

In the event of a tie in Voting, the Judges will re-judge the tying Entries and select the winning Entries from the tying Entries based upon the Judging Criteria.

Only one (1) Vote per Voter will be in the Final Voting Round per person/email address.

Multiple votes from accounts created with the sole purpose of voting multiple times (as determined by Sponsor in its sole discretion) will be disqualified.

Votes that do not comply with the Official Rules or these requirements, or that result from fraud or collusion, or any other abuse of these Official Rules, may be disqualified in Sponsors’ discretion.

If an Entrant is found to have engaged in such fraud, collusion, or abuse all of that Entries’ Votes will be disqualified.

The Entries receiving the highest combined scores of eligible, non-suspect Votes will be deemed the potential applicable semi-finalists or winner.

Sponsor reserves the right to void all Votes made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method.

The Sponsor’s decisions will be solely determinative and final in all matters regarding this Contest.

6. Semi-Finalists Requirements

The potential semi-finalists will be notified by telephone or by email on or about September 21st-26th 2017 ('notice") and as a condition to continuing to being eligible to compete to be declared a finalist; semi-finalists must be available and agree to travel on dates specified by Sponsor and must complete a Declaration affirming their eligibility to compete and their agreement to be bound by the Official Rules, the Terms and Conditions and the Privacy Policy.

Semi-finalists must complete and return the Declaration as detailed above by 23:59:59 EDT September 26th 2017.

7. Finalists Requirements

By accepting any of the aforementioned prizes, you may be required to license or assign your images to the Sponsor or other such third party providing the prize in addition to entering in to such other agreement as required to fulfil the prize. If you do not want to license or assign your images or enter into such other agreement as required in exchange for a prize, an alternate Finalist or Winner will be selected and you will retain the rights to your images

8. Winner Prizes

The Highest Voted Winner as defined in Section 4 will receive:

  • One year’s worth of Curvy Kate Lingerie or Swimwear valued up to $1400
  • Inclusion in the Curvy Kate Spring Summer 2018 Collection Catalogue. Photoshoot to be held on location in Europe or America, exact location to be confirmed closer to date. Photoshoot will be held on or around 20-28th April 2018
  • All flights, transfers and accommodation considered necessary for the Winner to attend the Photoshoot will be paid by Curvy Kate
  • A two year-long exclusive modelling contract with TRUE Model Management
  • $500 spending money for the Winner
  • TRUE Model Management Photoshoot in New York, NY for Portfolio Images
  • Dinner with Dale Noelle, CEO of TRUE Model Management

The Finalists as selected by the Sponsor’s Judging Panel will receive:

  • One Curvy Kate set of Lingerie valued up to $112
  • A Makeover and Photoshoot with Curvy Kate on location in October 2017
  • 5 Images from the shoot

No transfer, refund, cash redemption, substitution, cash equivalent or replacement of any prize by any winner is permitted, except that the Promoter and/or Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). In the event the approximate retail value (“ARV”) of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash.

Any portion of the prize not accepted or unclaimed and/or unused by any winner will be forfeited and will not be substituted.

In no event will more than the stated number of prizes be awarded.

Modelling Contract

Model Manager/Agent Agreement Details;

  • Entrant must not be represented by another model manager or agent while working with TRUE Model Management
  • If working with TRUE Model Management, you agree to behave in an appropriate way that does not bring TRUE Model Management or yourself into disrepute
  • TRUE Model Management will not be responsible for the cost of travel for any photoshoots or jobs that the agency books for you
  • All finalists will be provided with a copy of a two (2) year agreement with TRUE Model Management. Prior to selecting and announcing the winner, each finalist must acknowledge their acceptance of the TRUE Model Management Agreement terms should finalist be selected as winner. The winner will be expected to sign the two year agreement, and is a condition of being selected as the winner

9. General Conditions

Entrants agree to these Official Rules and the decisions of the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, Facebook, YouTube, Twitter as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions.

By entering this Contest, all entrants give permission (except where prohibited by law) to Sponsor and its licensees to use the semi-finalists’ names, Photos, Essays, hometown and likeness for promotional purposes without further compensation.

If Sponsors at any time receive a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement of the Photo or violation of the rights of any Identifiable Person or Third Party Participant, Sponsors reserve the right to disqualify the Entry.

Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. In the event of any technical issues that arise for any reason, or any dispute pertaining to the calculation of Votes, Sponsor reserves the right to, in good faith, to cancel the Contest or to determine the Winner based on criteria that Sponsor, in its sole discretion, determines is a fair resolution of the Contest, including without limitation, the number Votes accumulated before the technical issue and/or dispute arose, or the Judges determination based upon the Judging Criteria.

In no event will Sponsor be responsible for any technical difficulties or disputes that make an alternative determination of the Winner or the cancellation of the Contest necessary.

The Sponsor is not responsible for: lost, late, misdirected, illegible Entries and can terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select winners from among all eligible entries received prior to termination.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Promoter or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of England, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than England.

In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate court having jurisdiction over the subject matter located in London, England.

Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction they may have.

10. Privacy Policy

By entering, Sponsor may use and share your information pursuant to its privacy policy found at www.curvykate.com/t/terms-and-conditions By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of entrant’s personal information in accordance with the Sponsor’s privacy policy (which includes promotional e-mails) and acknowledges that entrant has read and accepted Sponsor’s privacy policy.