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Terms and Conditions - Model Call
MODEL CALL - TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO APPLY
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- Eligibility: This Campaign is open only to those who apply using the website form and who's parents or guardians aare 18 years and older. The Campaign is only open to legal residents of United States, and is void where prohibited by law. Employees of Mintz Portrait Studio, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Model Call (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Mintz Portrait Studio as final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted online. All online entries must be received by February 2024.
- How to Apply: The Campaign must be entered by submitting an application form using the online form provided at the website. The entry must fulfill all Campaign requirements, as specified. Entries do not guarantee participation. Applications that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Mintz Portrait Studio. Optional verbiage to include: You may apply only once. You must provide the information requested. You may not apply more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Mintz Portrait Studio.
- Gift Voucher : Selected persons (the “Model”) will receive a voucher for artwork. The specifics of the value shall be solely determined by Mintz Portrait Studio. No cash or other prize substitution shall be permitted except at Mintz Portrait Studio discretion. Any and all gifted expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of voucher or transfer/assignment to others or request for the cash equivalent by chosen Applicant is permitted. Acceptance of gift voucher constitutes permission for Mintz Portrait Studio to use Model's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Selection and Notification: Applicants will be selected by review under the supervision of Mintz Portrait Studio. Applicants will be notified by means of text and email within five days following selections. Mintz Portrait Studio shall have no liability for Applicant’s failure to receive notices due to spam, junk e-mail or other security settings or for Applicant's provision of incorrect or otherwise non-functioning contact information. If Applicant cannot be contacted, is ineligible, fails to reply within 8 days from the time the notification was sent, or fails to timely return a completed and executed declaration and release as required, an alternate Applicant will be selected. Receipt by Winner of the gift offered in this Campaign is conditioned upon compliance with all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Mintz Portrait Studio SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS AN APPLICANT OF THE CAMPAIGN, AND ALL PRIVILEGES WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By applying to the model call (e.g., photo, video, text, etc.), You understand and agree that Mintz Portrait Studio, anyone acting on behalf of Mintz Portrait Studio, and Mintz Portrait Studio licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for participation: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Mintz Portrait Studio. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Mintz Portrait Studio from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Mintz Portrait Studio may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Mintz Portrait Studio reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Mintz Portrait Studio control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Mintz Portrait Studio may select tApplicants from all eligible entries received prior to and/or after (if appropriate) the action taken by Mintz Portrait Studio. Mintz Portrait Studio reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Mintz Portrait Studio has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Mintz Portrait Studio reserves the right to seek damages to the fullest extent permitted by law.
- All bookings require a fully refundable booking fee of $200 unless you do not show up for your session or cancel out of Minz Studio Portrait terms (see clause 11 & 12).
- Appointment Reschedule Policy/Gift Certificates and Promotional Vouchers entitle the holder to a SINGLE APPOINTMENT ONLY. Once made, an appointment cannot be rescheduled (unless ill) and the Gift Certificate or Promotional Voucher is deemed to have been used in full at that original appointment time and date.*NOTE: In exceptional circumstances, management may, at their sole discretion, reschedule an appointment and carry forward the Gift Certificate.
- Cancellation/No Show Policy: Non-attendance (NO SHOW) at an appointment without notice, will result in the forfeiture of your retainer fee. The Gift Certificate or Promotional Voucher is then deemed to have been used in full.
- Limitation of Liability: By applying, You agree to release and hold harmless Mintz Portrait Studio and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF United States AND Washington State, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
- Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Mintz Portrait Studio website. Note: a privacy policy is optional but may be required when running a promotion on the web when using third party platforms or when using features from social channels. Including this information makes it clear to your users how you are going to use their information.
- Sponsor: The Sponsor of the Campaign is Mintz Portrait Studio
- Facebook: The Campaign hosted by Mintz Portrait Studio is in no way sponsored, endorsed, administered by, or associated with Facebook.
- Our artists reserve exclusive studio time to provide you with our very best, personalized one-on-one service while we create your family’s artwork. So that we may accommodate you with the level of service you deserve, we do require a fully refundable deposit. This is to secure your portrait session and is refunded at your appointment. We require a 7 day notice to cancel or reschedule your portrait session. Failure to show without notice will result in forfeiture of your prize and deposit as stated in clause 10,11 & 12