Terms & Conditions & Rules & Regulations for Male & Female Contestants & Grand Finale Finalist
1. GENERAL TERMS & CONDITIONS
1.1.1 All models that submit an application form and pictures to be considered for the Top Model of Colour competition and/or are selected for the Grand Finale are bound by and fully accept the terms & conditions & rules and regulations as stated below.
1.1.2 Each Participant must strictly comply with these terms & conditions & Official Rules. ("Contest Rules"). All contest entrants are "Participants". All materials, ideas, concepts and communications submitted by Participant(s) will be included in the definition of Submission.
1.1.3 All entries (including photos) become the sole property of Top Model of Colour and will not be returned or acknowledged. Top Model of Colour reserves the right to reject any photos for whatever reason, at its sole discretion.
1.1.4 I CONFIRM THAT I am applying to be considered for participation in the Top Model of Colour competition. I certify that the information that I have provided in my application form is true and correct. If any of the information is not true or ceases to be true at any time during my application process, or during my participation in the Top Model of Colour competition, I will be excused from any further participation in the event and will immediately relinquish any and all titles and prizes bestowed upon me as a result of participation in the event, without any cause of refunds of any monies or expenses that may have been incurred by me as a result of preparing or participating in the event.
1.1.5 This contest is open to single, married or divorced women/men of any non Caucasian race, religion or ancestry from any country in the world. I am not currently pregnant and am of sound, mental condition.
1.1.6 I am a natural born female/male between the ages of 16 - 26 years of age.
1.1.7 I have never been arrested or convicted of any crime, including any misdemeanours. I do not have a criminal record or have anything in my background that could bring the contest or its sponsors into disrepute. I have not at any time been involved in any illegal activities or use of drugs of any nature.
1.1.8 I am prepared or am aware that I may be required to wear swimwear or similar style garments.
1.1.9 I am not aware of any physical or psychological conditions that may limit my ability to participate in the Top Model of Colour competition.
1.1.10 I understand that if I am selected to participate in the Grand Finale of Top Model of Colour competition, that I will have to obtain and pay a one off sponsorship fee of £100.00 to participate.
1.1.11 I am responsible for all my travel arrangements to and from any Top Model of Colour event or grand finale and any personal expenses related to the event, and those of any chaperones or persons accompanying me.
1.1.12 I understand that if I am under 18 years of age, I will be required to make arrangements for a guardian or chaperone to accompany me to the event bearing all their costs. The chaperone may only attend the final event and may not come to any practices or rehearsals related to the event (subject to dropping off and collecting the finalist from such practises or rehearsals).
1.1.13 I understand that by submitting an application to be considered for participation in Top Model of Colour does not constitute participation in the final contest. There is a selection process that will be conducted by a panel of judges and I shall be advised of their decision via email/phone call.
1.1.14 Only complete applications submitted with necessary pictures will be considered for participation. Incomplete applications will not be considered and participants will not be notified that their application was incomplete.
1.1.15 I understand that the rules and regulations pertaining to the event are subject to change at any time without notice.
1.1.16 I understand that the date/venue maybe changed or the event cancelled due to any natural or unforeseen disaster that is beyond the control of Top Model of Colour.
1.1.17 I hereby authorise the Mahogany International and its subsidiaries to use my name, likeness, images, photographs, writings, recordings and personality derived from my application and participation in the Top Model of Colour competition and all related activities for any and all purposes, including but not to publicity, promotions, marketing, advertising, distribution, and sales without any obligations for remuneration or compensation in regards to this competition and subsequent events and campaigns.
1.1.18 I confirm that I have sought the permission of any modelling or talent agency that I am attached to and if any work is obtained for any models participating in the competition by Top Model of Colour then the commission will be paid exclusively to Top Model of Colour. Top Model of Colour cannot and will not be held responsible or liable for any obligations that you have failed to meet if you have a contract with a modelling or talent agency.
1.1.19 I will not seek any reimbursement of costs expended during, arising out of, related to or resulting from my participation in the Top Model of Colour showcase and all related activities.
1.1.20 I hereby fully release Mahogany International and its subsidiaries, its employees, volunteers, shareholders, officers, directors, contractors, successors, agents and assigns from any and all responsibility for any injury, loss, death or inconvenience, delay or damage to personal property in connection with my participation in the Top Model of Colour competition and all related activities whether resulting from by not to acts of God or force Majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, criminal or terrorist activities of any kind, food poisoning, travel, and mechanical or other failure of transportation. The judge's decision is final and correspondences from contestants will not be entered into.
1.1.21 Contestants are permitted to wear hair extensions and/or hairpieces.
1.1.22 Contestants must never have nor will they during their reign pose for any photography, video or film associated with nude work or pornography. Nor have they ever or is presently involved with any type of employment involving nude work or pornography.
1.1.23 Furthermore the eventual winner will sign a one year personal management contract with Top Model of Colour, this effectively means that Top Model of Colour will be your agent/manager for the next year which will mean that Top Model of Colour will manage every aspect of your modelling career for one year.
1.1.24 None of the prizes associated with winning this competition will be awarded to the winners, including their cash prizes until they have signed their personal management contract with Mahogany Model Management DO NOT ENTER THIS COMPETITION IF YOU CANNOT OR DO NOT WISH TO ENTER INTO A PERSONAL MANAGEMENT CONTRACT WITH TOP MODEL OF COLOUR SHOULD YOU WIN THE TOP MODEL OF COLOUR COMPETITION.
1.1.25 All contestants are to behave in a fit and proper manner at all times. Any contestant and/or family member or guest showing less than sportsman like behaviour will lead to the disqualification of the contestant. No refund will be given under these circumstances.
1.1.26 The winner also confirms that they will not give any written or verbal endorsements commercially without the expressed permission of Top Model of Colour. The winner further acknowledges that all rights for any appearances, endorsements, modelling, promotions, speaking engagements, acting roles, etc. resulting from winning Top Model of Colour title shall belong exclusively to Top Model of Colour.
1.1.27 The winner must attend next year's Grand Finale to hand over the title to the new winner. All prizes won by contestants are strictly non-exchangeable. The competition organisers reserve the right to amend and replace competition prizes without prior notice with a prize of similar value.
1.1.28 The grand finale winner and all finalist & participants agree to have photographs taken with all of their prizes for use by the sponsors. These photographs will also be published on Top Model of Colour website.
1.1.29 All contestants must agree to be interviewed by the press (if required) and have their photographs taken without objection.
1.1.30 All contestants must be present at all rehearsals and training sessions as requested by the organisers relating to the competition. Contestants will forfeit their participation in the event of absenteeism.
1.1.31 Any contestants who are chosen to take part in the Finale must give 4 weeks written notice if they are unable to attend the final.
1.1.32 Any administration or sponsorship fees are non refundable under any circumstances.
1.1.33 Contestants found to have given false personal information will be removed from the competition. The organisers have the right to replace selected contestants if they are deemed unfit to participate in the competition.
1.1.34 Top Model of Colour or any of its employees shall not be held liable for any mishaps, accidents, injuries or loss of property that may arise during the competition.
2. GRAND FINALIST AGREEMENT
2.1.1 It is the participants or Grand Finalists responsibility to inform all related third parties of any conditions within these Terms & Conditions that may relate to them, and any subsequent matters or disputes in respect of such shall be undertaken between the said participant or Grand Finalist and any such third parties, without redress to Top Model of Colour, its owners, employees, staff, associates or representatives.
2.1.2 All participants, finalists and winners will be selected by a panel of industry related judges whom would be appointed by Top Model of Colour. The Judges' decisions shall be final and neither the Judges nor the Organiser will enter into any correspondence with any Entrant or any Supporter in relation to the Contest or selections of the participants or the finalist or eventual winners.
2.1.3 A judging panel of no less than 3 people will do the selection of the Grand Finale participants and their decisions will be final.
3. GRAND FINALIST SPONSORSHIP
3.1.1 All finalists will be required to obtain sponsorship to participate in the finale of Top Model of Colour. Finalists are not expected to pay for the sponsorship themselves but they may do so if they wish.
3.1.2 Sponsorship can be obtained from a corporate or local business, companies, professional organisation, friends and family. As stated above the finalist may if she or he so wishes pay the sponsorship themselves. The sponsorship fee is £100 and includes two standard Grand Finale tickets worth £100.
4. SPONSORSHIP TERMS & CONDITIONS
4.1.1 Sponsorship must be paid in full at the latest, one month prior to Grand Finale date. (unless agreed otherwise)
4.1.2 Standard contestant sponsorship fee is £100. This may be shared between two companies or £150 if taking up the ticket option.
4.1.3 The sponsoring company can make payment through the Top Model of Colour website or by sending a cheque payable to "Mahogany International" to the address, Mahogany Models, Moorgate House,5 - 8 Dysart Street, London EC2A 32BX. Payment can also be made by credit card over the phone by calling 0345 388 7249.
4.1.4 Sponsorship of a contestant is non-refundable. If a sponsored contestant fails to take part in the event due to unforeseen circumstances then sponsorship may switch to an alternative contestant.
4.1.5 Sponsorship cost and promotion may be split between no more than two companies. (if this is done only one standard ticket would be issued per company as part of the entitlements).
4.1.6 The company is required to submit a logo in standard electronic formats such as JPEG. The size of the logo should be approximately 200 pixels in height by 175 pixels in width.
5. SPONSORS ENTITLEMENT
5.1 If a Company or business sponsors a finalist they will receive the following benefits
5.1.1 Company logo entered onto the Top Model of Colour website for a one year period
5.1.2 Company logo, info and contact details will be displayed on sponsored contestant's personal page within the Top Model of Colour website.
5.1.3 Opportunity to provide marketing material which will be placed in the Grand Finale Goody Bag.
5.1.4 Opportunity to provide additional items to give away at the finale to other contestants and visitors to the show.
5.1.5 The sponsorship fee is £100 and includes two standard Grand Finale tickets worth £100.
5.2 All of the above are provided at the discretion of Top Model of Colour, and where relevant, at the discretion of the sponsored contestant.
6. TERMS AND CONDITIONS OF THE MODEL'S INVOLVEMENT IN THE GRAND FINALE
6.1 The core of the contract will comprise of an event "Top Model of Colour" and all related activities and events following under the banner of "Top Model of Colour". All aspects of the event management will be planned and organised by Mahogany Events.
6.2 It is the finalist sole responsibility to ensure that any third party who may/may not be affected, either directly or indirectly, by these terms & conditions are made aware of the full terms and conditions.
6.3 All models agree that they are entering the Top Model of Colour Competition, they understand that they are legally bound by the conditions listed below and if they fail to meet any of the obligations or contractual requirements as stated below they may be required to compensate Top Model of Colour.
188.8.131.52 The Model must attend ALL rehearsals.
184.108.40.206 The Model must attend ALL photo shoots pertaining to the competition prior to the event.
220.127.116.11 The Model MAY have to attend any scheduled interviews, press conferences, fittings etc that pertain to the Top Model of Colour competition (adequate notice will be given).
18.104.22.168 The Model MUST attend the official press launch (adequate notice will be given).
22.214.171.124 The Model must attend the after party after the grand finale, if one takes place
126.96.36.199 The Model may have to attend any post competition events
188.8.131.52 The Model must arrive on time for all rehearsals, photo shoots and the grand finale as stated on any information provided to the model.
184.108.40.206 The Model cannot participate in any modelling or beauty pageants without the consent of TMC up until the grand finale.
220.127.116.11 The Model cannot and should not do any X rated videos or any soft core photo shoots etc, if it comes to our attention that you have done some, you may be removed from the competition.
18.104.22.168 The Model agrees to do promotional work and take pictures with the sponsors and supporters of the show, up to the date of the finale. TMC does not guarantee that the model will be paid for doing the promotional work but TMC will seek to obtain expenses for the model but this is not guaranteed.
22.214.171.124 The Model agrees that make up, hair styling and clothes may/will be provided by TMC and that they are bound to follow the guidance of the stylist without complaint and wear all clothes and accessories provided.
126.96.36.199 The Model agrees to participate in the fashion show that will take place on the night of the grand finale.
188.8.131.52 The Model accepts that failure to abide by any of the above may result in their removal from the competition without notice and they would not be entitled to any form of compensation whatsoever.
184.108.40.206 The Model agrees to seek local and national media coverage in relation to being a finalist of Top Model of Colour.
7. WINNER/RUNNER UP OF TOP MODEL OF COLOUR.
THE MODEL AGREES THAT IF SHE WINS THE COMPETITION TO BE BOUND BY THE FOLLOWING;
7.1.1 The Model agrees to be the face of TMC and will participate in all fashion shows and appropriate fashion shoots that TMC does over the year 2015/2016, there is no guarantee that any of these events will be paid.
7.1.2 The Model agrees to participate in ALL promotional shoots with sponsors and supporters of the competition.
7.1.3 The Model agrees to participate in all photo shoots that are part of the prizes for the winner, including any music videos.
7.1.4 The Model agrees not to do anything that will discredit the name of TMC whist she is the reigning Top Model of Colour 2014 (Season 9).
7.1.5 The Model agrees to attend the 2015 finale to hand over her crown to the new winner.
7.1.6 The Model agrees to sign a One year modelling contract with Mahogany Model Management and cannot sign a similar type contract with another Manager, Agent or Modelling Agency. The terms and conditions stipulated in the management contract supersede any other agreements that may already be in existence.
7.1.7 The Model agrees and confirms that by signing this contract she is not bound or legally tied into any similar type of agreement or has representation with another Manager, Agent or Modelling Agency and the Model.
7.1.8 No prizes will be released to the winner until they have signed and received a copy of the management contract. If the model fails to sign the management contract they will not be entitled to any of the prizes and they may also be removed as the winner of TMC 2014 Season 9.
7.1.9 The winner during her reign as TMC Season 9 is not allowed to enter, participate or compete in any type of beauty pageant, modelling competition or similar type of event which may lead to them being given a title during their reign as TMC 2015/2016. If this is done without our express permission they may be removed as TMC Season 7 Winner.
7.1.10 The runner up of TMC Season 9 must also comply with paragraphs 7.1.6, 7.1.7, 7.1.8 & 7.1.9 should they have to step in and take over the title of TMC Season 9 from the winner for whatever reason.
8.1.1 Whilst every care will be taken in respect of advertising, copy, artwork and any other items belonging to The Model, The Company cannot accept any liability for the loss, damage, theft, delay in delivery thereof, whether on or off The Company's principle trading premises, and The Model is responsible for arranging any insurance or security arrangements deemed necessary for the adequate protection of such items.
8.1.2 The Company shall not be held liable in any way whatsoever or however arising from any loss or damage or theft of dresses, accessories, shoes or other related items, including jewellery etc, used by the model.
8.1.3 The Company shall not be liable in any way whatsoever, or however arising from any loss of business or profit or other consequential loss of The Model or any of its agents.
8.1.4 If, for any reason, the model renege on this contract prior to the Scheduled Date of the Event and thereafter, the model and TMC may agree upon a suitable arrangement whereby the model will work with TMC to reach an amicable form of compensation.
8.1.5 Whilst every care is taken in the preparation of the published information. The Company shall not be liable for any errors or omissions in any of its published material, and may make operational and other changes to any elements of the items published or mentioned to The Model as it sees fit.
8.1.6 The Grand Finalist fully understands and accepts that, when participating in the aforementioned, she is fully liable for her own personal safety and liabilities, actions and well-being, and any consequences or results of the Grand Finalists participation and actions, directly or indirectly, including loss, damage or injury to herself and/or third parties, are the Grand Finalists own personal liability and responsibility, without redress, in any form, to Top Model of Colour, its owners, employees, staff or representatives.
8.1.7 Top Model of Colour accepts no responsibility for any injury to any Grand Finalist, guest, helper or supporter or loss or damage to any property that might occur whilst participating in or under the jurisdiction of Top Model of Colour and all related parties should ensure they have adequate insurance to cover such eventualities.
8.1.8 Dates and/or venues for the Top Model of Colour Grand Finale and any associated events may be changed or amended by the Organiser at any time. In such circumstances no compensation or liability will be accepted on the part of the Organiser, except in the matter where event tickets have been purchased when in such circumstances the maximum compensation liability will be to ticket validity of equal value for any new or subsequent date and/or venue. No refunds will be given.
8.1.9 TMC shall not be liable for any failure to perform its obligations under this Agreement where such failure results from circumstances beyond TMC's reasonable control and shall not be liable to the model for any loss of profit, financial loss, depletion of goodwill or any indirect loss, damage, costs or expenses whatsoever which arise as a result of any cancellation or re-scheduling of the Event caused by TMC which was previously to be held on a Scheduled Date.
9. MODEL RELEASE FORM
9.1 I grant to Mahogany International and its subsidiary companies including Top Model of Colour the absolute and irrevocable right and unrestricted permission in respect of my image and/or voice and/or words in video, film, computer generated presentations referred to as digital resources as well as photographic portraits or pictures that have been taken of me in which I may be included with others, to copyright the same, in their own name or otherwise; to use re-use, publish, and re-publish the same in whole or in part, individually or in any and all media now or hereafter known, and for any purpose whatsoever, for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever without restriction as to alteration; and to use my name in connection therewith if they so choose.
9.2 I hereby waive any so called "moral rights of authors" if I am used in video or film programming and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 ("the act") as I now have or hereafter acquire in relation to the filming and I hereby grant the Company consent under Part II of the Act to enable the Company to make the fullest possible use of my services hereunder.
9.3 The Company may without my further consent use my name, likeness, biography, photographs of me and recordings of interviews with me in advertising, publicity and on the internet. I hereby release and discharge Mahogany International and its subsidiary companies including Top Model of Colour/Mahogany Model Management from any and all claims and demands arising out of or in connection with the use of any films, photographs, including without limitation any and all claims for libel or invasion of privacy.
9.4 The company shall not be held liable to me or my legal representatives for any loss or damage or injury to me or my property caused or suffered in connection with the Company's making use of my image and/or voice and/or words in video, computer generated presentations referred to as digital resources as well as photographic portraits or pictures that have been taken of me in which I may be included with others unless caused by the negligence of the Company and recoverable on that ground.
9.5 This authorisation and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Mahogany International and its subsidiary companies including Top Model of Colour/Mahogany Model Management, as well as the person(s) for whom the photographs were taken.
9.6 This agreement shall be freely assignable by the Company. The Courts of England have sole jurisdiction in relation to the terms and conditions of this Model Release Form which shall be interpreted according to the laws of England.
9.7 I am of full age, 16 years or older and have the right to contract in my own name. I have read the foregoing and fully understand the contents thereof. This contract and release shall be binding upon me and my heirs, legal representatives, and assigns.
9.8 In accepting these Terms & Conditions of entry, the entrant also acknowledges acceptance of the terms of the associated Model Release which the Entrant confirms he/she has read and has understood its content and obligations.
10. GENERAL TERMS
10.1 Top model of colour regulates a strict data protection policy and does not shares information with third parties without the consent of the individuals or parties concerned.
10.2 The Organiser may amend any of these Terms and Conditions at any time.
10.3 The agreement shall be construed under and interpreted in accordance with the laws of the United Kingdom. Any and all actions under this agreement shall be brought in the courts of the United Kingdom.
10.4 All Entrants confirm their acceptance of the FULL TERMS & CONDITIONS and of this MODEL RELEASE by completing and submitting the official Entry Form electronically online or signing and dating the Entry Form in paper form and ticking the acceptance box. If aged under 18 at time of entering, the entrants application must be supported by a parent or guardian.
I have read, understand and am fully conversant with the rules and regulations stated above and agree to be bound by them. Any breech of the rules and regulations may result in my disqualification from the competition and if I become a winner my contracts may be cancelled and I may be required to return all the prizes that I have won.