Disclaimer:
OFFICIAL RULES The Official Rules for the O'NEAL AZONIC 2008 Online Photo Contest ("Contest") By entering the contest, entrant agrees to be bound by these rules and to accept as final all decisions of the judges appointed by O'Neal Distributing, Inc. 1. ELIGIBILITY: The Contest is open to individuals born as females only, age 18 or older on the day of their below-mentioned photo session, who are legal residents of the United States (void for residents of and throughout states of MD, NJ, and VT). Employees of Sponsors and their respective parents, subsidiaries, affiliates, agents, and foregoing employees' household and immediate family members (defined as parent, spouse, child, sibling, or grandparent) are NOT eligible to enter contest. 2. TIMING: Contest opens for registration at 12:00:01 a.m.E.T. on 8/11/08 and finishes at 11:59:01 p.m.E.T. on 11/16/08. Entries must be received on or before December 16, 2008 EST in order to be eligible for the contest. No late submission will be accepted. If the contest cannot be run as planned for any reason, including computer viruses, tampering, technical or other problems which damage its operation or integrity, O'NEAL and/or it's appointed judges reserve the right to cancel, delay or modify the contest. 3. HOW TO ENTER: Contestant must register online and submit current photographs. Contestant warrants and represents that all information entered on registration form is truthful in all respects and that contestant is 18 years of age or older at the time of the photograph. See Rule 5 for judging criterion. All entries must be original works created solely by the entrant and by entering, entrant warrants that such entries are their own original works with full copyright owned by the entrant and no other person or entity. No entries will be accepted or valid for this competition if they are joint works comprised of works from multiple photographers or artists unless the non entrant photographer or artist has signed a Copyright Release.. Also, the copyright owner will not receive payment from O'Neal Distributing Inc. or any sort of byline or photographer recognition. 4. PRIZE: One (1) prize will be awarded consisting of: a) A 3-day/2-night trip for the winner and one guest only to Los Angeles, CA in 2009 where the winner will participate in a for a photo shoot ("Photo Shoot") for a future print advertisement for O'Neal Distributing Inc. (the "LA/Trip"). The LA/Trip includes: i) Coach-class round-trip airfare for two (2)one from a major airport closest to winner's U.S. residence to an airport in Southern California (must fly to and from same airport); ii) Two One-night's lodging; iii) A check for $1,000 and $500 spending cash for LA/Trip Winner's guest must travel on same itinerary as winner. Approximate retail value ("ARV") of LA/Trip is $3,300. The actual values of the LA/Trip may vary depending on location of winner and fares/rates when these trips are booked. The total cumulative ARV of the prize is from $1,000 to $4,100. O'Neal Distributing Inc. reserves the right, in their sole discretion, to award a cash travel allowance or ground transportation in lieu of air transportation if the winner resides within 300 miles of either of the above-mentioned prize trip destinations. All prize details for the above-mentioned prize trips (including, but not limited to airline, flight, seat, hotel, and room) will be designated solely by O'Neal Distributing Inc., and may be changed at any time based on O'Neals' sole discretion. Prize does not include meals, room service, transfers, gratuities or any other expenses not specifically listed herein. O'Neal Distributing Inc. will have the final decision on the outfit, hair, and makeup worn by winner for the Photo Shoot. If winner cannot take LA/Trip on dates specified by O'Neal Distributing Inc., that portion of prize will be forfeited and not awarded. Subject to the conditions herein, the prize will be awarded. Prize is nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by O'Neal Distributing Inc. in the event that prize cannot be awarded for any reason, in which case, O'Neal Distributing Inc. will award a prize of equal or greater value (except as otherwise described herein). All federal, state, and local taxes, fees and surcharges, if any, on prizes are the sole responsibility of the prize winner. 5. JUDGING CRITERIA: At each stage of the contest, judging will be performed by a panel of judges ("Judges") selected from O'Neal.com editors. Contestants agree to be bound by these rules and the decisions of the Judges, whose decisions are final and binding. Winning is contingent upon fulfilling all requirements in these rules. In each round of judging, each contestant's registration form, photographs, and/or video/audio (together the "Entry") will be judged using the following criteria in equal measure: online vote tally, presentation, photogenic qualities, expression, clothing, makeup, and hair ("Judging Criteria"). In the event of a tie, to break the tie, tied Entries will be judged on presentation and photogenic qualities only ("Tie Judging Criteria"). In all there will be three rounds of judging. It is tentatively planned to announce the winner on the oneal.com web site (and in magazines where this contest has been featured). 9. NOTIFICATION: On or about 1/5/09 contest winner will be contacted by mail, and must within seven (7) days of postmark ("Reply Deadline") correctly complete and execute the following documents and return them as directed via overnight delivery: a) An Affidavit, Waiver, Release and Indemnity Agreement, and where lawful, a Publicity Release; and b) A Non-Exclusive Model and Talent Agreement (additional documents may be required at discretion of O'Neal Distributing Inc.). Failure to comply with the Reply Deadline (or the return of a prize notification/prize as non-deliverable) may result in disqualification and in the forfeiture of any right to a prize, in which case, the prize may be awarded to the next runner-up winner. Should winner not return the Non-Exclusive Model and Talent Agreement within the Reply Deadline, winner will forfeit this portion of the prize and this portion of the prize will not be awarded. If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and another potential winner will be selected in the original potential winner's place. 10. COMPUTER: Contestants agree that by pre-registering online, they release O'Neal Distributing Inc. and their respective agents from any liability in connection with any error, omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof. 11. RELEASE: By entering or participating in this contest each contestant shall agree to release, indemnify, and hold harmless O'Neal Distributing Inc., its officers, directors, employees, parent companies, subsidiaries, affiliates, advertising and promotion agencies, appointed judges and all of the contest sponsors' officers, directors, employees, representatives, and agents, or other representatives of O'Neal Distributing, Inc. involved with managing or operating this contest for any omission, loss, damage, delay, illegibility, alteration of, or unauthorized access to entries submitted, nor for loss or injury to any entrant or entrant's property (including the equipment, systems or data of entrants or others) and any personal injury or death due to participating in the contest, visiting any related web sites or any prize awarded and including the risks of travel and of attendance at public events. By participating in this contest each contestant consents to and gives O'Neal Distributing Inc. the right to photograph and video the contestant, and in perpetuity to use contestant's name, address, statements and quotes, picture/portrait, likeness, voice, biographical information, prize information (where applicable), submitted photographs and descriptive information, and video/audio in whole or in part, as may be adapted, edited, cropped or modified, as solely determined by O'Neal Distributing Inc. for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification or approval, all without additional consideration, unless prohibited by law. And by participating, contestant agrees that all rights, title, and interest which each contestant now has or may in the future have in her Entry is unconditionally assigned and transferred to O'Neal Distributing Inc.. O'Neal Distributing Inc. reserves the right in their sole discretion to decline to publish any photograph(s) and/or biographical information about the winner and/or Event Finalists. All Entry materials are the sole property of O'Neal Distributing Inc. and will not be returned or provided to contestant. Sponsors shall have the right to use, assign, edit, modify or dispose of an Entry however they see fit without the approval of contestant. By entering this contest, entrants are giving permission for their photographs to be displayed on www.onealusa.com and/or [ fill in additional web sites ] for the purposes of online voting related to the submissions and/or for display of winning entries, promotion and/or reporting of the contest. Subject to all federal, state and local laws. Void where prohibited. Winner and winner's guest shall be required to sign a written release form which includes, but is not necessarily limited to all of the above mentioned release terms before winner and guest can participate in the 3-day/2-night trip 12. ERRORS: O'Neal Distributing Inc. will not be responsible for lost, late, illegible, damaged, incomplete, stolen, or misdirected entries, typographical or other human or technical errors in the offer or administration of this contest, including but no limited to errors in advertising, the Official Rules, the selection and announcement of the winner(s) or the distribution of the prize. Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the contest. In the event that the contest is challenged by any legal or regulatory authority, or is not capable of running as planned, Sponsors reserve the right to discontinue or modify the contest, or to disqualify contestants residing in an affected geographic area. In such event, Sponsors shall have no liability to any entrants who are disqualified due to such an action. Entries considered not complying with the rules and conditions of the contest or in the judging panel's discretion, inappropriate or offensive will be disqualified and removed from website and subsequent judging. 13. LAWS: This contest is subject to all federal, state and local laws. This contest is governed by the laws of the State of California exclusive of conflict of laws provisions. This contest is void where prohibited by law. 14. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OFCRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 15. WINNER LIST: For winner information mail an SASE by 4/30/09 to: O'Neal Distributing Inc. 2009 Model Search, Winner List, 685 Cochran St., Simi Valley, CA 93065 16. The contest award prizes, rules and conditions are subject to change without prior notice to all contestants.
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