Terms and Conditions
Official rules of "Beauty of Yachting" casting call
The “Beauty of Yachting” Casting Call (the “Casting Call”) begins on or about May 15, 2017 and ends on August 15, 2017 (the “Casting Period”). During the Casting Period, entrants will have the opportunity to submit a video using their Instagram (each, a “Submission”) and to submit the video for consideration as more fully set forth below. At the end of the Casting Period, Blue Water France and Eisenberg Paris shall select an entrant or number of entrants, at their 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 Blue Water France, 14 Avenue Mirabeau Antibes, France 06600, 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.
How to Enter
During the Casting Period, post your Submission on Instagram account using the hashtag #beautyofyachting
Your Instagram account must be set for public viewing for your Submission to be eligible.
In addition, the Submission must meet the following “Submission Requirements”: (i) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event a contestant cannot provide all required releases, Blue Water France reserves the right, in Blue Water France’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Blue Water France’s benefit, or allow the applicable Submission to remain in Casting Call); (ii) the Submission must not include images or videos that are obscene, pornographic, libellous or otherwise objectionable, and (iii) the entrant must be available for a photo shoot from September 2017 through to November 2017 St Tropez, French Riviera (the “Shoot”). Any Submission that, in Blue Water France’s good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Casting Period. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Blue Water France in its sole and absolute discretion to be obscene, pornographic, libellous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Any communication or information transmitted to Blue Water France by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Blue Water France shall have no liability for any Submission that is lost, intercepted or not received by Blue Water France. Use of the Hashtag constitutes your unconditional acceptance to these Official Rules.
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 Blue Water France and Eisenberg Paris in its sole discretion) for public view. Further, no entrant will be eligible to be selected as a Selected Model unless Blue Water France 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.
All entries must be received by the end of the Casting Period in order to be considered. Blue Water France will be the official timekeeper for this Casting Call.
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 Blue Water France and Eisenberg Paris, 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 Blue Water France and Eisenberg Paris (or its designee) to be featured in a Blue Water France superyacht advertising campaign based upon the following criteria: (i) how well the Submission reflects the Blue Water France and Eisenberg brand image; and (ii) quality of the video (the “Judging Criteria”). The Judging Criteria are to be applied in the sole discretion of Blue Water France; each entrant agrees to be bound by and not challenge the final decisions of Blue Water France. Blue Water France will attempt to notify the potential Selected Models by posting a comment on or replying to the potential Selected Model’s Submission including Blue Water France’s contact information. The potential Selected Model must then contact Blue Water France using that contact information within one (1) week of notification. Blue Water France 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 seventy-two (72) 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 an email ending with @bluewateryachting”, or “bluewaterlife” on Instagram. Any other handles or contact through any other means are not authorized and have no affiliation with the Casting Call.
The Casting Call is for a model/models to be featured in a Blue Water France yachting shoot 2017 advertising campaign. The modelling shoot is currently scheduled to take place in September/October 2017 in St Tropez, France. Blue Water France 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 Nice, France and (ii) reasonable hotel accommodations at a hotel selected by Blue Water France in its sole discretion. All travel arrangements (including airfare and hotel arrangements) will be made by Blue Water France 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 Blue Water France’s sole discretion and is subject to change without notice.
If the Selected Model(s)’s residence is close enough to Nice, such that air transportation is deemed by Blue Water France 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 Blue Water France in its sole discretion. The dates of departure and return are subject to change at Blue Water France’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or Security Fees. 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. Blue Water France reserves the right to structure travel routes and select hotels in its sole discretion. 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 behaviour that, as determined by Blue Water France in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Blue Water France 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.
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 Blue Water France 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 Blue Water France (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.
This Casting Call is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. Blue Water France 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.
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, libellous, 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 Blue Water France, 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 Blue Water France, 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, Blue Water France shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Blue Water France deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Blue Water France shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Blue Water France 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:(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. Blue Water France 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, Blue Water France 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. Bluewater 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 Blue Water France 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 Blue Water France’s satisfaction, the affected entry will be deemed ineligible. Blue Water France 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 Blue Water France’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 Blue Water France 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, labour 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 Blue Water France’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Blue Water France 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, Blue Water France 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 Blue Water France. 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 Blue Water France 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
Blue Water France 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 Blue Water France 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, Blue Water France 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. Blue Water France cannot accurately predict the number of entrants who will participate in the Casting Call.
If Blue Water France shall desire to secure additional assignments, certificates of engagement for the Submission, the Materials or other documents as Blue Water France may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Blue Water France’s request therefor.
All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of entrants or Blue Water France, in connection with the casting call shall be governed by and construed in accordance with the internal laws of France without giving effect to any choice of law conflict of law rules or provisions that would cause the application of any other country’s laws.