Ford Models – “Next Fresh Face” Fan Favorite Contest
Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

1. DESCRIPTION: The “Ford Models – ‘Next Fresh Face’ Fan Favorite Contest” (“Contest") is a photo submission contest administered through the online networking community MySpace.  You must be a registered MySpace user (“Registered User”) in order to participate in the Contest or win a prize.  Registration on MySpace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an account.  The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 100 E. Pine Street, Suite 201, Orlando, Florida 32801. The sponsor of this Contest is MySpace ("Sponsor”), 407 North Maple Drive, Beverly Hills, CA 90210.  The prize provider for this Contest is Ford Models, Inc. (“Prize Provider”) 111 5th Avenue, 9th Floor, NY, NY 10003.  . The presenting sponsor of this contest is CIBA VISION Corporation (“Presenting Sponsor”), 11460 Johns Creek Parkway, Duluth, GA 30097.  The Contest will flow as follows:

• Contest Submission Period:  The contest Submission Period begins on or about July 15, 2010 and ends on August 9, 2010 at 12:00 pm, Pacific Daylight Time (“PDT”).
• Fan Favorite Voting:  Beginning on or about August 10, 2010 through August, 24, 2010, at 11:59 am PT, Registered Users will be able to vote for their “favorite” Submission according to the criteria in Section 6 of the Official Rules
• Fan Favorite Notification: On or about August 27, 2010 the potential Fan Favorite winner will be notified according to Section 7 of the Official Rules. Pending confirmation of eligibility, the Fan Favorite will be awarded the Fan Favorite Prize, as detailed in Section 8 of the Official Rules. 
• Winner Announcement: The winner will be announced on or about September 14, 2010

2.  ELIGIBILITY: Contest is open only to FEMALE (by birth) residents of the 48 contiguous United States and Washington D.C., who are at least 16 years of age (“Entrant”) at time of entry.  Eligible entrants who are under the legal age of majority in their state of residence (“Minor”) should get their parent or legal guardian’s permission to enter.  A Minor entrant will be required to prove parental consent in the form of an Affidavit of Liability before she can be declared a winner and any prize can be awarded. ENTRANT, IF DECLARED THE FAN FAVORITE, MUST BE AVAILABLE TO TRAVEL BETWEEN SEPTEMBER - NOVEMBER, 2010 AND MUST HAVE ALL THE NECESSARY TRAVEL DOCUMENTS AND IDENTIFICATION.  Each Entrant must have Internet access as of July 14, 2010. All Entrants must be Registered Users of MySpace and in compliance with MySpace’s Terms of Use located at http://www.myspace.com/index.cfm?fuseaction=misc.terms, which may be modified from time to time.  Each Entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the Entrant's MySpace account as of July 15, 2010. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, MySpace, Administrator and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, the “Contest Entities”), together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.  Contest void in Alaska, Hawaii Puerto Rico, all U.S. territories/possessions and where prohibited. 

Submission Requirements

The Submission must meet the following content restrictions:

• Photo must be of the ENTRANT ONLY (no group photos)
• Photos must NOT include 3rd party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture
• Photo must have been taken within the past 12 calendar months
• Photo must NOT be retouched or altered; it must be an accurate photo representation of the Entrant
• Photo and photo rights must be owned by the Entrant.  In the event that a professional Photo (headshot) is submitted, the Entrant must be able to provide all appropriate clearances, permissions and releases for the Submission, upon request by the Contest Entities
• Photo must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or material that contains any derogatory references to any Contest Entities;
• Photo must NOT have been previously submitted to another Contest or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion

Entrants who submit Submissions which violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void at the Contest Entities’ sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Website’s Terms of Use. Entrants are strongly cautioned to be as accurate as possible when providing information about height and weight, as incorrect information may result in disqualification.  Incomplete or unintelligible entries will be disqualified. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

4.  REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant’s participation in the Contest.

5.  MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS:  In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Entrant in connection with the Contest; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”) included in and/or submitted by Entrant in connection with the Contest), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Material may be posted on the Website in connection with Contest. Entrant agrees that the Contest Entities have no obligation to post a Submission or any Material on the Website.   Each Entrant authorizes the Contest Entities to utilize, for eternity and in any manner they see fit, the Submission provided to Contest Entities, and to make derivative works from such materials solely in connection with the Contest (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe.  Except as required by law or permitted pursuant to these Contest Official Rules, the Contest Entities will not share an Entrant’s information with any third parties.

6. FAN FAVORITE VOTING: Registered Users will have the opportunity to vote on their overall favorite Submission from eligible Submissions to determine one (1) Fan Favorite winner.  To vote in the Fan Favorite competition, Registered Users can peruse Submissions via the online gallery OR Registered Users can link through to a specific Entrant’s Submission via a widget or other marketing/self-promotion tool.  If clicking through from a widget, the link will direct the Registered User to the seed page for the Entrant’s Submission. The Registered User must click on the “Vote Now” button adjacent to the Submission to cast the vote.  An Entrant’s marketing and self-promotion ability may have a direct impact on Fan Favorite votes and self-promotion is encouraged.  A Registered User may vote for multiple Submissions, however, there is a limit of one (1) vote per Registered User, PER UNIQUE SUBMISSION, PER DAY. Votes generated by a macro, script, bot or other automated means are strictly prohibited during any stage of the Contest and votes in excess of the stated limitations may be disqualified at the sole discretion of the Sponsors.  In the event of a tie during the voting period, the Sponsor will host a 24-hour “Tie-Breaker Voting Round” between tied entries in accordance with the aforementioned criteria. In the event of such a tie, additional details regarding the Tie-Breaker Voting Round will be made available on the Website. All decisions of the Sponsor are final on all aspects of the Contest.  There is a limit of one (1) vote per Registered User during any required Tie-Breaker Voting Round.

7.  FAN FAVORITE WINNER NOTIFICATION:  On or about Friday, August 27, 2010, the potential Fan Favorite winner, as determined by the voting, will be notified by the Administrator via telephone, email and/or overnight mail and will be required to respond (as directed) to the notification attempt within forty-eight (48) hours (or a shorter time if required by exigencies). If the potential Fan Favorite winner is a Minor, all correspondence will be directed to the parent or legal guardian of such Minor.  The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Contest Entities may select an alternate Fan Favorite winner according to the voting results. Potential winner will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Contest Entities (the “Prize Claim Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Winner must be available to travel to between September–November, 2010.  In the event that the winner is unable to travel on the specified dates, the Contest Entities reserve the right to select an alternate winner based on the voting results.  Guests of the winner must be at least 18 years of age and not a minor in her state of residence. In the event that a winner is a Minor, a parent or legal guardian will be required to accompany the Minor.

8.  FAN FAVORITE PRIZE (1):  One Fan Favorite winner will receive: one (1) 3 day/2 night trip for two (2) people to New York, NY for a photo shoot. The trip will consist of the following: (a.) round-trip coach air transportation for two (2) people from the major airport nearest winner's residence to New York, NY, (b.) two (2) nights standard hotel accommodations for winner and guest at a hotel selected by Contest Entities (one room; double occupancy and room tax only), (c.) $500 shopping allowance; (d.) make-up application & hairstyling for the WINNER ONLY prior to the photo shoot; (e.) one (1) photo shoot for the WINNER ONLY lasting 2-4 hours in duration, as scheduled by the Contest Entities and (f.) photo CD (or similar) from the photo shoot, as determined at the sole discretion of the Contest Entities.  Total Fan Favorite Prize approximate retail value (“ARV”):  $3,600. 

Fan Favorite Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. Winner and their guest are responsible for obtaining the necessary travel documents. Contest Entities will not obtain travel insurance on behalf of any winner or travel companion. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the winner. For the avoidance of doubt, the winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to meals, gratuities, tips, taxes and incidentals Trip dates will be specified by the Contest Entities. Trip must be taken on the dates specified by the Contest Entities and failure to travel during the specified times will result in forfeiture of the prize. If a winner lives within 200 miles of New York, the Contest Entities reserve the right to substitute ground transportation for airfare, in their sole discretion. Contest Entities reserve the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner cannot assign or transfer the prize to another person, except at discretion of Contest Entities. If a prize cannot be awarded due to circumstances beyond the control of Contest Entities, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Contest Entities sole discretion. Other restrictions may apply. Limit one prize per household. The prize is awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.

9.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:  Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entities’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

10.  RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY:  Sponsors shall have the right and sole discretion to edit, to refuse to post, or cease to post any Submission whatsoever which it finds to be in violation of the Official Rules, does not fully comply with all of Sponsors’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason.  The Sponsors also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Sponsors and/or Administrator. Sponsors also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Sponsors and, in such situation, to select the winner(s) from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsors in their sole discretion.  The Contest Entities are not responsible for any Materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the creation of any Submission. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.  Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Contest website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices. 

11.  WARRANTY:  It is an express condition of participation in the Contest that each Entrant warrants and represents that Entrant’s Submission is solely owned by Entrant. Entrant further represents and warrants that the Submission and any use thereof by the Sponsors in accordance with the Official Rules and in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.

12.  INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”).  Entrant shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including, without limitation, personal injury, death and property damage arising there from.

13.  GENERAL TERMS AND CONDITIONS:  By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due  notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession,  use or misuse of any prize, including, without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy.  By participating in the Contest, Entrants agree: (i) to be bound by these complete Official Rules and the decisions of Contest Entities which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules. By participating in the Contest and/or the receipt of any prize, entrants agree to release, indemnify, defend and hold harmless Contest Entities, Artist, any Promotional Partners (as defined below), and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, or receipt or use or misuse of any prize.
Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to termination.  Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.  CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

14.  GOVERNING LAW:  All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any  jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities..

15.  PRIVACY POLICY:  Any personal information supplied by Entrant to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be modified from time to time. By entering the Contest, Entrant grants MySpace permission to share Entrant’s email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of contest administration, judging and prize fulfillment.  MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.