Next Icons Model Search T&Cs – ABRAND

ABRAND MODEL SEARCH TERMS AND CONDITIONS (“TERMS”)

Abrand Jeans has a history of working with the fashion industries’ up and coming models. For 2023, we are searching for our Next Icon. The first phase of this is the Abrand Jeans “Model Search” – which will assist us with identifying 350 people total across Australia, Europe and the United States of America to receive an invite to an in-person casting held in various locations (the “Castings”). The Castings will then determine 6 finalists who will be invited to participate in the “Finalists Shoot”. Following this, a public vote will be utilised to determine our “Grand Prize Winner”.

PHASE ONE – MODEL SEARCH

1. WHO CAN ENTER:

The Model Search is open worldwide to people at least 18 years of age (apart from the United States of America where people must be at least 21 years of age) (at the time of entry) who (i) have validly submitted an entry as described below, and (ii) are not employees (and their immediate families) of Abrand Jeans and agencies associated with this Model Search. The Model Search is governed by Australian law and is subject to all applicable federal, state, and local laws and regulations. If you are prohibited from entering this Model Search by any local laws, rules or regulations, you may not enter. By participating in the Model Search, you fully and unconditionally agree to these Terms and Abrand Jeans’ decisions, which are final and binding in relation to all matters associated with the Model Search. If you are a minor in the jurisdiction in which you are entering, you represent and warrant that your parent or legal guardian has consented and agrees to these Terms. You also represent and warrant that you are not represented in the modeling space. Eligibility to be selected for an invite to the Castings is contingent upon complying with and fulfilling all requirements set forth herein.

Participation in this Model Search only provides an opportunity for participants to be considered for an invite to one of the Castings. This Model Search does not guarantee that any participant will be invited to any Castings or in-person meeting with Abrand Jeans or any promotional partner or agency. You understand and agree that Abrand Jeans has the right to select any participant to invite to the Castings or in-person meetings with Abrand Jeans and/or any other promotional partner(s).

2. GENERAL INFORMATION:

The entry period for this Model Search opens at 12:00AM AEDT on January 25, 2023 and ends:

at 11:59PM AEDT on February 21, 2023 in Australia
at 11:59PM AEDT on March 7, 2023 in Europe
at 11:59PM AEDT on March 14, 2023 in the United States of America

(the “Entry Period”).

3. HOW TO ENTER:

During the Entry Period, each participant (the “Participant”) must post a short video (“Video”) on TikTok which is (i) publicly visible, (ii) includes the hashtag #AbrandNextIcons, (iii) include a hashtag for the entrant’s city of residence (e.g. #melbourne), and (iv) features the Participant wearing Abrand Jeans denim. The Participant has the option of creating their Video entry at any of our wholesale partner in-store locations if they do not own Abrand Jeans jeans. Any Video created in-store at a wholesale partner location must still fulfill all entry requirements as described above. Compliance with this set of entry requirements constitutes consent from the Participant for Abrand Jeans to publicly post the Video on www.abrandjeans.com (“Site”) whereby members of the public have the ability to vote for the entry that they think best represents Abrand Jeans ideals. All Video, and other information submitted by Participant shall be collectively referred to herein as the “Submissions” or each a “Submission”. Entrants may make as many Submissions as they like during the entry period, provided they comply with entry requirements. All Videos must not contain any copyrighted material and must be appropriately lit so that they are complete, decipherable and legible. No other method of entry will be accepted. Submissions that do not follow the Terms and Conditions may be disqualified at Abrand Jean’s discretion. All deadlines are based on the Australian Eastern Daylight Time Zone. All determinations of eligibility shall be final and binding. For the avoidance of doubt, Abrand Jeans may or may not provide Participants with confirmation of Model Search entry. No purchase or payment of any kind is necessary to enter or receive an invitation to a casting.

4. VIDEO & ENTRY INFORMATION CONDITIONS AND RESTRICTIONS:

By submitting your Video as per the entry requirements, you are consenting to Abrand Jeans using your Video for any use it sees fit (including but not limited to marketing, promotion and evaluating your Submission for the purposes of determining whether or not you will receive an invite to the Castings). Abrand Jeans will use your TikTok profile to contact you for reasons relating to this Model Search and to notify you of information and news, and for other promotional purposes, relating to the brand, all in accordance with Abrand Jeans’ privacy policy at https://abrandjeans.com/pages/privacy-policy. Please review these Terms and Conditions and the Privacy Policy carefully.

By participating in the Model Search, you hereby agree to Abrand Jeans’ collection and usage of any personal information included in the Submission for the purposes described above and acknowledge that you have read and accepted Abrand Jeans’ privacy policy.

5. CASTING INVITATION DETERMINATION:

The decision as to which Participants will receive an invitation to the Castings will be made as follows:

Submissions which meet the entry requirements will be made available on the Abrand Jeans Site within 2 business days, whereby members of the public can cast a vote for the entry that they think best represents Abrand Jeans ideals. The public may vote one time per Submission, but can cast a vote for as many Submissions as they like. Where an entrant has made multiple Submissions, votes will not be tallied together across multiple submissions. Each Submission is individually judged on the number of votes it receives alone. If there is a dispute as to the legitimacy of a public vote, Abrand Jeans reserves the right, in its sole discretion, to disqualify the vote.

Public voting will take place throughout the Entry Period and will finish at 11:59PM AEDT on February 21, 2023. The selected Participants will be notified (as described below) during that time. Any decisions by Abrand Jeans will be final and binding in all matters related to the Model Search.

No drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Selected Participants. This is a Game of Skill.

6. NOTIFICATION:

Abrand Jeans will make up to two (2) attempts to notify each Participant selected for an invitation to the Castings (“Selected Participant”) via the TikTok profile associated with that Selected Participant’s entry. Abrand Jeans is not liable if the Selected Participant is not reached or receives such notification too late to attend any of the Castings. Abrand Jeans requests that each Selected Participant please respond with a courtesy notification (by emailing nexticons@abrandjeans.com) as to whether or not the Selected Participant will participate in the Castings and, if so, which location they will attend. Abrand Jeans makes no representations or warranties that all Selected Participants will be able to participate in the Castings and reserves the right, in its sole discretion, to decide whether or not to invite additional Participants in the event any Selected Participants cannot or decline to attend the Castings. Any costs associated with travel to/from or the attendance of any of the Castings by the Selected Participant are the sole responsibility of the Selected Participant.

7. CASTINGS:

The Castings are anticipated to be scheduled on Saturday February 25, 2023 in Brisbane, Australia; Saturday March 4, 2023 in Melbourne, Australia; Sunday March 5, 2023 in Sydney, Australia; Saturday March 11, 2023 in Stockholm, Sweden; Sunday March 12 in Auckland, New Zealand; Sunday March 19, 2023 in New York City, the United States of America; and Sunday March 26, 2023 in Los Angeles, the United States of America. Each Selected Participant will receive an invitation to attend the Castings. Every Selected Participant will be allowed to participate in any one of the Castings provided the Selected Participant arrives at the time and place of one of the scheduled Castings. If you are a Selected Participant, please do not accept an invitation to the Castings if you will not be available to attend any of the Castings. Without limiting the foregoing, Selected Participants are solely responsible for their availability and ability to arrive at the time and location of one of the Castings. All costs and expenses, including travel and lodging, are the sole responsibility of each Selected Participant. Abrand Jeans is not liable in any way if a Selected Participant is not able to attend any Casting Day at its designated time and location. There is no guarantee that a selected participant will receive anything other than the right to participate in the Castings. Without limiting the foregoing, all participants expressly acknowledge that an invitation to the Castings does not ensure any selected participant will be a part of any Abrand Jeans campaign or in any other way be involved in or associated with Abrand Jeans. Abrand Jeans may not use any Selected Participant in any campaign and may instead use someone who did not participate in the Castings. Each participant acknowledges that there is no guarantee that a selected participant will meet any celebrity, model, or agent at any of the Castings. By participating in the Casting, each Participant agrees to post 1 x Instagram Post, 1 x Instagram Story and 1 x Tik Tok while at the casting – each piece of content needs to mention Abrand Jeans and the style of jeans that the Participant is wearing.

8. CONDITIONS:

Only a Selected Participant who can verify via photo ID that they are the party who submitted the selected Entry will be allowed to participate in Castings. In addition, as a condition to participation in the Castings, each Selected Participant may be required to execute an Affidavit of Eligibility, a Liability Release and/or a Publicity Release and/or Participation Agreement or Waiver, and/or other documents requested by Abrand Jeans in its sole discretion, as well as parental or legal guardian consent, if applicable (collectively, "Affidavit/Release"). Such documents must be signed and returned in person at the Casting Day. If the documents are not signed and returned, or if an Participant is found to be ineligible, or if an Participant does not comply with these Model Search Terms, each as determined by Abrand Jeans in Abrand Jeans’ sole discretion, then the Selected Participant will be disqualified and not be allowed to participate in the Castings.

9. RELEASE:

By entering this Model Search, all Participants agree to release, and hold harmless Abrand Jeans, together with any and all of its promotional partners (each a “Promotional Partner”) and its and their respective parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Model Search such as celebrities/models associated with Abrand Jeans or taking part in the Model Search (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Model Search or Casting Day, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Model Search or Castings to be disrupted, postponed or canceled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Model Search or Casting Day other than those caused by the willful negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Model Search.

10. LIMITATION OF LIABILITY:

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The invitations to the Castings are awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Model Search and submitting an entry, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in a Castings, determination of a Selected Participants, or any other matter relating to the Model Search that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the Model Search, and (2) AUD$2,000, but in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Abrand Jeans products or campaigns, the Model Search, any website, content, advertising or other materials used, displayed or issued in connection with the Model Search, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. In no event will any of the Releasees by liable for any direct or indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with participation in the Model Search, whether such liability arises from any claim based upon contract warranty tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to all Participants. To the extent any limitations or exclusions to liability described above are not permissible in your jurisdiction, such limitations and/or exclusions will be deemed modified to comply with the applicable laws, rules or regulations in your jurisdiction.

11. GENERAL CONDITIONS:

By participating in the Model Search, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Abrand Jeans, which are final and binding on all matters pertaining to the Model Search. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Abrand Jeans reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Model Search in whole or in part. Abrand Jeans reserves the right to disqualify any Participant or Selected Participant, as determined by Abrand Jeans, where Abrand Jeans believes it is necessary and appropriate to do so, in its sole discretion and without liability to the Participant or Selected Participant. The Model Search is subject to these Terms and Conditions and all applicable federal, state, provincial, and local laws and regulations. The Model Search is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Model Search, including the rights and obligations of the Participant and Abrand Jeans in connection with the Model Search, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, (i) for Australian residents, the laws of the State of Victoria without giving effect to any choice of law or conflict of law rules (whether of the State of Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Victoria; (ii) for the United States of America residents, the laws of the State of California; (iii) for Swedish residents, the laws of Stockholm, Sweden; (iv) for New Zealand residents, the laws of Auckland, New Zealand. Any legal actions, suits or proceedings related to the Model Search (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the (1) state or federal courts located in Melbourne, Victoria for Australian residents; (2) the courts of the State of California for the United States of America residents; (3) the courts located in Stockholm, Sweden for residents of Sweden; (4) and state or federal courts located in Auckland, New Zealand for New Zealand residents. Each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Model Search. Abrand Jeans disclaims any responsibility to notify Participants of any aspect related to the conduct of the Model Search.

12. FORCE MAJEURE:

Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Abrand Jeans, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Abrand Jeans shall have the right to modify, suspend, or terminate the Model Search, and no Releasees shall be responsible or liable to any Participant or Selected Participant or any person claiming through such Participant or Selected Participant for failure to hold any Castings. Abrand Jeans is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail or social media account to receive e-mail or social media messages.

13. MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms 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. Abrand Jeans’ failure to (or decision not to) enforce any provision in these Terms shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Model Search-related materials and these Terms, these Terms shall prevail, govern, and control and the discrepancy will be resolved in Abrand Jeans’ sole and absolute discretion.

This Model Search is being sponsored by Three By One PTY LTD, ABN: 23 495 678 570, operating as Abrand Jeans.

For the avoidance of doubt, the Promotional Partners are not administrators of the Model Search and are in no way responsible for the administration of the Model Search. All inquiries regarding the Model Search should be addressed to Abrand Jeans and not to any Promotional Partner.

PHASE TWO – CASTINGS

1. WHO CAN ENTER:

The Casting is open on an invitation-only basis to Model Search Entrants with valid entries who are in the top 50 highest voted submissions per region. If there is a dispute as to the legitimacy of a public vote, Abrand Jeans reserves the right, in its sole discretion, to disqualify the vote. Any decisions by Abrand Jeans will be final and binding in all matters related to the Model Search and Castings. You understand and agree that Abrand Jeans has the right to select any participant to invite to the Castings or in-person meetings with Abrand Jeans and/or any other promotional partner(s). Abrand Jeans makes no representations or warranties that all Selected Participants will be able to participate in the Castings and reserves the right, in its sole discretion, to decide whether or not to invite additional Participants in the event any Selected Participants cannot or decline to attend the Castings. Any costs associated with travel to/from or the attendance of any of the Castings by the Selected Participant are the sole responsibility of the Selected Participant.

2. GENERAL INFORMATION:

The Castings are anticipated to be scheduled on Saturday February 25, 2023 in Brisbane, Australia; Saturday March 4, 2023 in Melbourne, Australia; Sunday March 5, 2023 in Sydney, Australia; Saturday March 11, 2023 in Stockholm, Sweden; Sunday March 12 in Auckland, New Zealand; Sunday March 19, 2023 in New York City, the United States of America; and Sunday March 26, 2023 in Los Angeles, the United States of America. Each Selected Participant will receive an invitation to attend the Castings, which will set forth the exact time and locations of each Casting. Every Selected Participant will be allowed to participate in any one of the Castings provided the Selected Participant arrives at the time and place of one of the scheduled Castings. If you are a Selected Participant, please do not accept an invitation to the Castings if you will not be available to attend any of the Castings. Without limiting the foregoing, Selected Participants are solely responsible for their availability and ability to arrive at the time and location of one of the Castings. All costs and expenses, including travel and lodging, are the sole responsibility of each Selected Participant. Abrand Jeans is not liable in any way if a Selected Participant is not able to attend any Casting Day at its designated time and location. There is no guarantee that a selected participant will receive anything other than the right to participate in the Castings. Without limiting the foregoing, all participants expressly acknowledge that an invitation to the Castings does not ensure any selected participant will be a part of any Abrand Jeans campaign or in any other way be involved in or associated with Abrand Jeans. Abrand Jeans may not use any Selected Participant in any campaign and may instead use someone who did not participate in the Castings. Each participant acknowledges that there is no guarantee that a selected participant will meet any celebrity, model, or agent at any of the Castings.

3. DETERMINATION OF FINALISTS:

During the Casting, each participant (the “Participant”) will be individually judged by a panel of judges (the “Panel”). Each Participant will be scored on how well they represent the ideals of Abrand Jeans. The Panel will determine 6 Participants total to progress to the Finalists Shoot. All decisions by the Panel are final and binding, and no discussions with any other party will be entered into. Participants will be asked to fill out a general personal information form as part of the Casting process. Participants acknowledge that media may be created during the Castings (possibly including but not limited to stills, video and audio). This media is the property of Abrand Jeans. By participating, you are consenting to Abrand Jeans using this media for any use it sees fit (including but not limited to marketing, promotion and evaluating your Casting).

4. NOTIFICATION:

Abrand Jeans will make up to two (2) attempts to notify each Participant selected for the Finalists Shoot (“Finalist”) via the contact information provided as part of participating in the Casting. Abrand Jeans is not liable if the Finalist is not reached or receives such notification too late to progress to the Finalists Shoot. Abrand Jeans requests that each Finalist please respond with a courtesy notification as to whether or not the Finalist will participate in the Finalists Shoot. Abrand Jeans makes no representations or warranties that all Finalists will be able to participate in the Finalists Shoot and reserves the right, in its sole discretion, to decide whether or not to invite additional Finalists in the event any Finalists cannot or decline to attend the Finalists Shoot. Travel costs to/from the Finalists Shoot and accomodation at the Finalists Shoot location will be covered by Abrand Jeans, up to the value of $5,000.00 AUD per Finalist. Travel and accommodation arrangement decisions will be made by Abrand Jeans alone. Any remaining value not spent is not redeemable in any way and is forfeited. All other costs are the sole responsibility of the Finalists. All Finalists acknowledge that they will keep the notification of them becoming Finalists private and confidential until Abrand Jeans makes a public announcement or provides express written consent for them to share the notification.

5. CONDITIONS:

6. RELEASE:

By participating in the Castings, all Participants agree to release, and hold harmless Abrand Jeans, together with any and all of its promotional partners (each a “Promotional Partner”) and its and their respective parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Castings such as celebrities/models associated with Abrand Jeans or taking part in the Castings (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Model Search or Casting Day, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Model Search or Castings to be disrupted, postponed or canceled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Model Search or Casting Day other than those caused by the willful negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Model Search.

7. LIMITATION OF LIABILITY:

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The invitations to the Finalists Shoot are awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Casting, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in a Castings, determination of a Finalist, or any other matter relating to the Model Search that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the Model Search, and (2) AUD$2,000, but in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Abrand Jeans products or campaigns, the Model Search, any website, content, advertising or other materials used, displayed or issued in connection with the Model Search, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. In no event will any of the Releasees by liable for any direct or indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with participation in the Model Search, whether such liability arises from any claim based upon contract warranty tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to all Participants. To the extent any limitations or exclusions to liability described above are not permissible in your jurisdiction, such limitations and/or exclusions will be deemed modified to comply with the applicable laws, rules or regulations in your jurisdiction.

8. GENERAL CONDITIONS:

By participating in the Castings, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Abrand Jeans, which are final and binding on all matters pertaining to the Castings. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Abrand Jeans reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Model Search in whole or in part. Abrand Jeans reserves the right to disqualify any Participant, Selected Participant or Finalist, as determined by Abrand Jeans, where Abrand Jeans believes it is necessary and appropriate to do so, in its sole discretion and without liability to the Participant, Selected Participant or Finalist. The Model Search is subject to these Terms and Conditions and all applicable federal, state, provincial, and local laws and regulations. The Model Search is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Model Search, including the rights and obligations of the Participant and Abrand Jeans in connection with the Model Search, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, (i) for Australian residents, the laws of the State of Victoria without giving effect to any choice of law or conflict of law rules (whether of the State of Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Victoria; (ii) for the United States of America residents, the laws of the State of California; (iii) for Swedish residents, the laws of Stockholm, Sweden; (iv) for New Zealand residents, the laws of Auckland, New Zealand. Any legal actions, suits or proceedings related to the Model Search (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the (1) state or federal courts located in Melbourne, Victoria for Australian residents; (2) the courts of the State of California for the United States of America residents; (3) the courts located in Stockholm, Sweden for residents of Sweden; (4) and state or federal courts located in Auckland, New Zealand for New Zealand residents. Each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Model Search. Abrand Jeans disclaims any responsibility to notify Participants of any aspect related to the conduct of the Model Search.

9. FORCE MAJEURE:

Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Abrand Jeans, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Abrand Jeans shall have the right to modify, suspend, or terminate the Model Search, and no Releasees shall be responsible or liable to any Participant, Selected Participant, Finalist or any person claiming through such Participant, Selected Participant or Finalist for failure to hold any Castings or Finalists Shoot. Abrand Jeans is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail or social media account to receive e-mail or social media messages.

10. MISCELLANEOUS:

This Model Search is being sponsored by Three By One PTY LTD, ABN: 23 495 678 570, operating as Abrand Jeans.

PHASE THREE – FINALISTS SHOOT

1. WHO CAN ENTER:

The Finalists Shoot is open on an invitation-only basis to Casting Finalists who are selected by the panel of judges. Any decisions by Abrand Jeans and the panel of judges will be final and binding in all matters related to the Model Search, Castings and Finalists Shoot. You understand and agree that Abrand Jeans has the right to select any participant to invite to the Finalists Shoot or in-person meetings with Abrand Jeans and/or any other promotional partner(s). Abrand Jeans makes no representations or warranties that all Finalists will be able to participate in the Finalists Shoot and reserves the right, in its sole discretion, to decide whether or not to invite additional Finalists in the event any Finalists cannot or decline to attend the Finalists Shoot.Travel costs to/from the Finalists Shoot and accomodation at the Finalists Shoot location will be covered by Abrand Jeans, up to the value of $5,000.00 AUD per Finalist. Travel and accommodation arrangement decisions will be made by Abrand Jeans alone. Any remaining value not spent is not redeemable in any way and is forfeited. All other costs are the sole responsibility of the Finalists.

2. GENERAL INFORMATION:

The Finalists Shoot is anticipated to be scheduled in Los Angeles, in the United States of America at some point in March 2023 or April 2023. Each Finalist will receive an invitation to attend the Finalists Shoot, which will set forth the exact time, location, travel and accommodation information. The Finalists Shoot will be comprised of a photo/video shoot, and may also include an invitation to an Abrand Jeans party event. If you are a Finalist, please do not accept an invitation to the Finalists Shoot if you will not be available to attend the Finalists Shoot and event. Without limiting the foregoing, Finalists are solely responsible for their availability and ability to arrive at the time and location stipulated by Abrand Jeans to be able to participate in the Finalists Shoot. Travel costs to/from the Finalists Shoot and accomodation at the Finalists Shoot location will be covered by Abrand Jeans, up to the value of $5,000.00 AUD per Finalist. Travel and accommodation arrangement decisions will be made by Abrand Jeans alone. Any remaining value not spent is not redeemable in any way and is forfeited. All other costs are the sole responsibility of the Finalists. Abrand Jeans is not liable in any way if a Finalist is not able to attend the Finalists Shoot at its designated time and location. Without limiting the foregoing, all finalists expressly acknowledge that an invitation to the Finalists Shoot does not ensure any finalist will be a part of any Abrand Jeans campaign or in any other way be involved in or associated with Abrand Jeans. Abrand Jeans may not use any Finalists in any campaign and may instead use someone who did not participate in the Castings. Each participant acknowledges that there is no guarantee that a selected participant will meet any celebrity, model, or agent at the Finalists Shoot.

3. CONDITIONS:

Only a Finalist who can verify via photo ID that they are the party who attended a Casting and were selected by the panel of judges will be able to participate in the Finalists Shoot. Any changes to this will be at the complete discretion of Abrand Jeans. In addition, as a condition to participation in the Finalists Shoot, each Finalist may be required to execute an Affidavit of Eligibility, a Liability Release and/or a Publicity Release and/or Participation Agreement or Waiver, and/or other documents requested by Abrand Jeans in its sole discretion, as well as parental or legal guardian consent, if applicable (collectively, "Affidavit/Release"). Such documents must be signed and returned in person at the Finalists Shoot. If the documents are not signed and returned, or if a Finalist is found to be ineligible, or if a Participant does not comply with these Model Search Terms, each as determined by Abrand Jeans in Abrand Jeans’ sole discretion, then the Selected Participant will be disqualified and not be allowed to participate in the Finalists Shoot. By participating in the Finalists Shoot, each Finalist acknowledges that any and all material produced (including but not limited to still images, videos, and audio recordings) remain the property of Abrand Jeans at all times and may be used without any conditions or payment by Abrand Jeans at any time. Uses may include but are not limited to promotional material, website imagery or in-store imagery.

4. RELEASE:

By participating in the Finalists Shoot, all Finalists agree to release, and hold harmless Abrand Jeans, together with any and all of its promotional partners (each a “Promotional Partner”) and its and their respective parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Finalists such as celebrities/models associated with Abrand Jeans or taking part in the Finalists Shoot (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Finalists Shoot, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Model Search or Castings to be disrupted, postponed or canceled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Finalists Shoot other than those caused by the willful negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Model Search or Finalists Shoot.

5. LIMITATION OF LIABILITY:

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The invitations to the Finalists Shoot are awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Finalists Shoot, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in a Finalists Shoot, determination of a Finalist, or any other matter relating to the Model Search that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with attending the Finalists Shoot, and (2) AUD$2,000, but in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Abrand Jeans products or campaigns, the Finalists Shoot, any website, content, advertising or other materials used, displayed or issued in connection with the Finalists Shoot, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. In no event will any of the Releasees by liable for any direct or indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with participation in the Finalists Shoot, whether such liability arises from any claim based upon contract warranty tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to all Finalists. To the extent any limitations or exclusions to liability described above are not permissible in your jurisdiction, such limitations and/or exclusions will be deemed modified to comply with the applicable laws, rules or regulations in your jurisdiction.

6. GENERAL CONDITIONS:

By participating in the Finalists Shoot, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Abrand Jeans, which are final and binding on all matters pertaining to the Finalists Shoot. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Abrand Jeans reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Model Search in whole or in part. Abrand Jeans reserves the right to disqualify any Participant, Selected Participant or Finalist, as determined by Abrand Jeans, where Abrand Jeans believes it is necessary and appropriate to do so, in its sole discretion and without liability to the Participant, Selected Participant or Finalist. The Finalists Shoot is subject to these Terms and Conditions and all applicable federal, state, provincial, and local laws and regulations. The Finalists Shoot is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Finalists Shoot, including the rights and obligations of the Participant and Abrand Jeans in connection with the Finalists Shoot, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, (i) for Australian residents, the laws of the State of Victoria without giving effect to any choice of law or conflict of law rules (whether of the State of Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Victoria; (ii) for the United States of America residents, the laws of the State of California; (iii) for Swedish residents, the laws of Stockholm, Sweden; (iv) for New Zealand residents, the laws of Auckland, New Zealand. Any legal actions, suits or proceedings related to the Model Search (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the (1) state or federal courts located in Melbourne, Victoria for Australian residents; (2) the courts of the State of California for the United States of America residents; (3) the courts located in Stockholm, Sweden for residents of Sweden; (4) and state or federal courts located in Auckland, New Zealand for New Zealand residents. Each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Finalists Shoot. Abrand Jeans disclaims any responsibility to notify Finalists of any aspect related to the conduct of the Finalists Shoot.

7. FORCE MAJEURE:

Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Abrand Jeans, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Abrand Jeans shall have the right to modify, suspend, or terminate the Model Search, and no Releasees shall be responsible or liable to any Participant, Selected Participant, Finalist or any person claiming through such Participant, Selected Participant or Finalist for failure to hold any Castings or Finalists Shoot. Abrand Jeans is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail or social media account to receive e-mail or social media messages.

8. MISCELLANEOUS:

This Model Search is being sponsored by Three By One PTY LTD, ABN: 23 495 678 570, operating as Abrand Jeans.

PHASE FOUR – GRAND PRIZE WINNER

1. VOTING PERIOD

The voting period for the Grand Prize opens at 12:00AM AEST on April 12, 2023 and ends at 11:59PM AEST on July 5, 2023 (the “Voting Period”).

2. WHO CAN ENTER:

The Grand Prize competition is open on an invitation-only basis to Finalists who participated in the Finalists Shoot (“Finalist”). The Grand Prize Winner shall be determined by a public vote. The public may vote one time per Finalist, but can cast a vote for as many Finalists as they like. If there is a dispute as to the legitimacy of a public vote, Abrand Jeans reserves the right, in its sole discretion, to disqualify the vote.

Public voting will take place throughout the Voting Period and will finish at 11:59PM AEST on July 5, 2023. Any decisions by Abrand Jeans will be final and binding in all matters related to the Model Search.

No drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Selected Participants.

3. HOW TO ENTER:

During the Voting Period, each finalist (the “Finalist”) will be publicly posted by Abrand Jeans on www.abrandjeans.com (“Site”) whereby members of the public have the ability to vote for the entry that they think best represents Abrand Jeans ideals. All deadlines are based on the Australian Eastern Standard Time Zone. All determinations of eligibility shall be final and binding. For the avoidance of doubt, Abrand Jeans may or may not provide Finalists with confirmation of Grand Prize Competition entry. No purchase or payment of any kind is necessary to enter or win.

4. VIDEO & ENTRY INFORMATION CONDITIONS AND RESTRICTIONS:

By participating in the Finalists Shoot as per the entry requirements, you are consenting to Abrand Jeans using your Video, Image or Likeness for any use it sees fit (including but not limited to marketing, promotion and evaluating you). Abrand Jeans will use your personal information in accordance with Abrand Jeans’ privacy policy at https://abrandjeans.com/pages/privacy-policy. Please review these Terms and Conditions and the Privacy Policy carefully.

By participating in the Model Search, Castings, Finalists Shoot and Grand Prize Competition, you hereby agree to Abrand Jeans’ collection and usage of any personal information included in the Submission for the purposes described above and acknowledge that you have read and accepted Abrand Jeans’ privacy policy.

5. NOTIFICATION:

Abrand Jeans will make up to two (2) attempts to notify the Grand Prize Winner (“Winner”) via that Finalist’s personal information provided during previous phases of the model search. Abrand Jeans is not liable if the Winner is not reached or receives such notification too late to attend or make use of any or all part of the Grand Prize. Abrand Jeans requests that Winner please respond with a courtesy notification as to whether or not the Winner will accept the Grand Prize. Any costs associated with travel to/from or the use of any part of the Grand Prize by the Winner (except those stipulated as being part of the Grand Prize) are the sole responsibility of the Selected Participant. The Winner acknowledges that they will keep the notification of them winning private and confidential until Abrand Jeans makes a public announcement or provides express written consent for them to share the notification.

6. GRAND PRIZE:

The Grand Prize Winner will be notified on 15/05/23. Total maximum value of prize is $60,000.00 AUD. This is a game of skill. Chance plays no part in the determination of the Grand Prize Winner.

Prize includes:

- $50,000.00 AUD cash – which may or may not be paid in smaller installments over a period of 12 months beginning from the 15/05/23, at the discretion of Abrand Jeans.
- 1 x Solo Photshoot in a dream location, to be determined by Abrand Jeans – this has no monetary value.

- 1 x Model Contract with a partner modeling agency, to be determined by Abrand Jeans – this has no monetary value.

- Travel and accommodation costs with a maximum value of $10,000.00 AUD for the Grand Prize Winner to be able to attend the Solo Photoshoot, as determined by Abrand Jeans.

The Grand Prize has been sourced by THREE BY ONE. Prize is NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABLE and cannot be redeemed for cash. If the full value of the prize is not utilised, the remaining value will be forfeited. The grand prize winner will be notified by email or telephone. The winner's name may also be published on the Abrand Jeans social media channels or website.If for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

7. CONDITIONS:

Only the Winner who can verify via photo ID that they are the party who participated in the Finalists Shoot and was voted the Grand Prize Winner will be eligible to receive the Grand Prize. In addition, as a condition to participation in the Grand Prize Competition, each Finalist may be required to execute an Affidavit of Eligibility, a Liability Release and/or a Publicity Release and/or Participation Agreement or Waiver, and/or other documents requested by Abrand Jeans in its sole discretion, as well as parental or legal guardian consent, if applicable (collectively, "Affidavit/Release"). Such documents must be signed and returned in person or via registered post, or email, ahead of the Voting Period. If the documents are not signed and returned, or if a Finalist is found to be ineligible, or if a Finalist does not comply with these Model Search Terms, each as determined by Abrand Jeans in Abrand Jeans’ sole discretion, then the Finalist will be disqualified and not be allowed to participate in the Grand Prize Competition.

8. RELEASE:

By entering this Grand Prize Competition, all Participants agree to release, and hold harmless Abrand Jeans, together with any and all of its promotional partners (each a “Promotional Partner”) and its and their respective parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Model Search such as celebrities/models associated with Abrand Jeans or taking part in the Model Search (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition to be disrupted, postponed or canceled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Model Search, Casting Day, Finalists Shoot or Grand Prize Competion other than those caused by the willful negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Model Search.

9. LIMITATION OF LIABILITY:

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The Grand Prize is awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Model Search and submitting an entry, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, or any other matter relating to the Model Search that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, and (2) AUD$2,000, but in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Abrand Jeans products or campaigns, the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, any website, content, advertising or other materials used, displayed or issued in connection with the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. In no event will any of the Releasees by liable for any direct or indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with participation in the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, whether such liability arises from any claim based upon contract warranty tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to all Participants. To the extent any limitations or exclusions to liability described above are not permissible in your jurisdiction, such limitations and/or exclusions will be deemed modified to comply with the applicable laws, rules or regulations in your jurisdiction.

10. GENERAL CONDITIONS:

By participating in the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Abrand Jeans, which are final and binding on all matters pertaining to the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Abrand Jeans reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition in whole or in part. Abrand Jeans reserves the right to disqualify any Participant or Selected Participant, as determined by Abrand Jeans, where Abrand Jeans believes it is necessary and appropriate to do so, in its sole discretion and without liability to the Participant or Selected Participant. The Model Search, Casting Day, Finalists Shoot and Grand Prize Competition are subject to these Terms and Conditions and all applicable federal, state, provincial, and local laws and regulations. The Model Search, Casting Day, Finalists Shoot and Grand Prize Competition are void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, including the rights and obligations of the Participant and Abrand Jeans in connection with the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, (i) for Australian residents, the laws of the State of Victoria without giving effect to any choice of law or conflict of law rules (whether of the State of Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Victoria; (ii) for the United States of America residents, the laws of the State of California; (iii) for Swedish residents, the laws of Stockholm, Sweden; (iv) for New Zealand residents, the laws of Auckland, New Zealand. Any legal actions, suits or proceedings related to the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the (1) state or federal courts located in Melbourne, Victoria for Australian residents; (2) the courts of the State of California for the United States of America residents; (3) the courts located in Stockholm, Sweden for residents of Sweden; (4) and state or federal courts located in Auckland, New Zealand for New Zealand residents. Each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition. Abrand Jeans disclaims any responsibility to notify Participants of any aspect related to the conduct of the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition.

11. FORCE MAJEURE:

Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Abrand Jeans, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Abrand Jeans shall have the right to modify, suspend, or terminate the Model Search, Casting Day, Finalists Shoot or Grand Prize Competition, and no Releasees shall be responsible or liable to any Participant or Selected Participant or any person claiming through such Participant or Selected Participant for failure to hold any aspect of the entire competition. Abrand Jeans is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail or social media account to receive e-mail or social media messages.

12. MISCELLANEOUS:

This Model Search is being sponsored by Three By One PTY LTD, ABN: 23 495 678 570, operating as Abrand Jeans.

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