NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. OPEN ONLY TO WOMEN WHO ARE 18 YEARS OR OLDER AND AGE OF MAJORITY. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW.
By entering this “Maxim Cover Girl 2019 Model Competition” (the “Competition”), individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) accept and unconditionally agree to be bound by these Official Rules (the “Rules”). Public voting will choose the winning entries and a Grand Prize will be awarded in accordance with these Rules. Any violation of the Rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor regarding this Competition are final and binding in all respects.
CONSUMER DISCLOSURE: You have not yet won.
Sponsor. The Competition is sponsored by Maxim Cover Girl (“Sponsor”).
Eligibility. All Entrants must be women who are eighteen (18) years or older and Age of Majority on the date that the earliest of the Submitted Photographs (defined below) were taken. Void where prohibited or otherwise restricted by applicable law. Employees, representatives, and agents of Maxim Cover Girl, Maxim Inc., and its and their respective parent companies, subsidiaries, affiliates, and their advertising and production companies and any family member or person domiciled with any of the foregoing (collectively, the “Competition Entities”), are ineligible to participate.
How to enter. To enter, visit MAXIMCOVERGIRL.COM (the “Website”) to complete and submit your official entry form. You must provide all information requested including three (3) recent and different photographs of yourself that conform to the specifications required below (the “Submitted Photographs”) using the upload tool and instructions provided.
Only the Entrant should appear in the Submitted Photographs. All Submitted Photographs must have been taken on or after Entrant reached eighteen (18) years of age and Age of Majority. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer to make sure that you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Sponsor. False, deceptive or incomplete entries or other information provided by Entrants though the Competition may render the entry ineligible at any point in the Competition regardless of when the problem is actually discovered.
Sponsor reserves the right to contact an Entrant to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional photos. While Entrants may have assistance in entering data and uploading the photographs, each Entrant must otherwise complete the entry forms herself. Any entries submitted by anyone other than the person appearing in the Submitted Photographs (including but not limited to entries submitted by modeling agencies) will be rejected. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs in Maxim magazine, Maxim branded digital apps and websites, and otherwise in connection with the Maxim brand, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Photographs. By entering into the Competition, Entrant represents and warrants that she is eighteen years of age and age majority and owns or controls all necessary rights in the Submitted Photographs to grant Sponsor the rights described herein.
Submission of a qualifying entry grants Sponsor and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.
Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and photographs using the above procedures anytime during the period between 07/29/19 - 09/09/19 (the “Entry Period”).
Preliminary Period. After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants may be requested to submit additional images (the “Additional Photographs”) for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Sponsor), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
Public voting. During each round of the Competition, individuals who are eighteen (18) years or older and Age of Majority as of the date of voting with a valid "Real" Facebook account (each a “Voter” and collectively the “Voters”) may cast one or more votes for one or more Entrants. Voters can earn credits to vote by doing the following: 1.) Voters will earn one credit every 24 hours (1 credit = 1 vote) by logging in to vote for their favorite Entrant and verifying voter eligibility with a “real” and established Facebook account. 2.) Voters can purchase additional credits to vote (for one or more Entrant). Qualifying votes shall only be cast in accordance with the instructions as listed in the Competition Terms and Conditions, which can be found on the Website. The winning Entrant(s) of each phase of the competition will be determined based upon the number of qualifying votes received, with those receiving the highest number of qualifying votes deemed the winner(s). NOTE: IT IS NOT NECESSARY FOR ANY ENTRANT TO PAY AN ENTRY FEE, CAST A VOTE, OR TENDER A PAYMENT OF ANY KIND IN ORDER TO ENTER OR WIN THIS COMPETITION. ENTRANTS ARE NOT PERMITTED TO CAST PAID VOTES FOR THEMSELVES. “Bot” activity or any kind of robotic or automated voting mechanism is not an acceptable form of voting. If this type of false voting is detected by our server, the associated IP address, email address and Facebook account will be banned from voting. Sponsor reserves the right to disqualify Entrants suspected in partaking in this type of activity, or any other voting activity Sponsor deems unfair in its sole discretion. Sponsor reserves the right, at their sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process or the operation of the Competition.
Rewards. Entrants may, at their discretion, offer reward incentives (“Reward”) for their voters ONLY in the form of a digital photo or video (containing no nudity, obscene, or otherwise offensive content) to be uploaded and delivered through the competition Website. No other type of incentive (ie. signed poster, print photo) may be offered as a Reward in lieu of a digital photo or video uploaded and delivered through the competition Website. Furthermore, Rewards are offered and completed at the sole discretion of the Entrant and failure to offer or provide a Reward does not constitute a refund of a vote purchase. All purchases made through the Website are solely for the purpose of public voting and are in no way associated with any Reward incentives being offered by an Entrant. Entrants are not entitled to any portion of vote purchase. By selecting a Reward, voter hereby acknowledges the Reward policy and agrees to be bound by the terms of purchase set forth on the Website.
Preliminary Pre-Judging Round
The Maxim's Cover Girl Judging Panel (“Judging Panel”) will do a preliminary screen of all entries for compliance with the Rules and adherence to the judging criteria, as well as hand selecting models to advance to the initial public voting round. Public voting begins 9/2 and selected Entrants will be divided equally into groups.
Notification to Entrants. Selected Entrants for each round/phase and the Grand Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice. Entrants consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included in a publicly available winner’s list.
Grand Prize. The Grand Prize Winner will receive a cash prize and be photographed to appear on the Cover and in a double page feature spread, interior pictorial and interview showcase in the U.S. edition of Maxim magazine (the exact number of pages for the interior page showcase to be determined by Maxim Editorial). The Grand Prize Winner may refer to herself as the “2019 Maxim Cover Girl Winner” in written and descriptive materials but only if such uses and displays are purely non-commercial and in no event suggest or create any confusion whatsoever that Sponsor or Maxim Inc. are endorsing or participating in any manner related to the use of its name, logos, or fonts.
The Grand Prize Winner will be photographed exclusively by Gilles Bensimon. The Grand Prize Winner must be available for the photo shoot within 60 days after the competition ends, with specific dates to be determined. If the Grand Prize Winner is not available for the photo shoot, an alternate winner may be selected, time permitting, 10 days after the competition ends and Grand Prize will be transferred to the alternate winner. The Grand Prize Winner will receive a cash honorarium of $25,000. Cash winnings will be provided after receiving all necessary documentation in compliance with Competition eligibility and successful completion of feature photography at the Sponsor's designated location.
The Maxim Cover Girl 2019 Grand Prize Winner will be announced on Maxim.com and Maxim's Instagram (@MaximMag). By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of her name, photos (including the photo shoot, 2 page spread, interview, etc), and/or likenesses for advertising and trade purposes in connection with the Maxim brand, including without limitation, the Maxim Cover Girl Competition and in Maxim Print and Digital Materials in the United States and any countries where Maxim-branded Editorial Licensees (as defined below) exist, in any and all media known or hereinafter discovered without territorial or time limitations and without additional compensation, except where prohibited. No Grand Prize substitutions or cash redemptions allowed. By accepting prize money, the Grand Prize Winner acknowledges compliance with these Rules. To the extent that any federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the Grand Prize Winner, the Grand Prize Winner shall be solely responsible for the reporting and payment of such taxes. The Grand Prize Winner must have all necessary identification and/or travel documents.
Conduct. By entering in this Competition, Entrants agree to Sponsor’s and Maxim’s use of their name, biographical information and Submitted Photographs for both online and offline direct marketing purposes in connection with the Competition. Entrants further: (i) agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Arizona without giving effect to any choice of law or conflict of law rules, and (ii) irrevocably consent to the jurisdiction and venue of the federal, state, and local courts located in Maricopa County, Arizona. Failure to comply with these Rules may result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual: (a) acting in any manner deemed by Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ENTRANTS ARE NOT PERMITTED TO CAST PAID VOTES FOR THEMSELVES, ENTRANTS CAUGHT UTILIZING THEIR PERSONAL PAYMENT METHODS AND CASTING PAID VOTES FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Verification of winner. Potential winner will be required to execute an affidavit of eligibility, a liability/publicity release, model release and other documents (“Prize Claim Documents”), as may be required or permitted by law. If any potential winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of prize notifications sent, the winner may be disqualified and an alternate winner may be determined/selected. Except where prohibited, acceptance of a prize constitutes winner’s irrevocable consent to Sponsor and Maxim, its agents’, successors & assigns or other designee's use of winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising & promotional & publicity purposes in any & all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration except for the awarding of the prizes to the winner. Sponsor is not responsible for any change in address of Entrants. By accepting a prize, the Winner agrees to maintain her behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time if Sponsor determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the prize providers.
DISCLAIMER AND RELEASE OF LIABILITY. SPONSOR, MAXIM, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION; INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF; THEFT; TAMPERING; DESTRUCTION; OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES; ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO THE SUBMITTED PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE.
ALL DECISIONS OF SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION.
ALL ENTRANTS, SELECTED ENTRANTS, AND THE GRAND PRIZE WINNER RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS SPONSOR, MAXIM, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS, AND THE OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS.
IN NO EVENT SHALL SPONSOR, PROMOTION ENTITIES, OR ANY PRIZE PROVIDER BE LIABLE OR OBLIGATED TO AN ENTRANT, SELECTED ENTRANT, GRAND PRIZE WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
All causes of action arising out of or connected with this promotion, or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Contact Information. If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Sponsor.
Important. This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.