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YD. CREW SEARCH AMBASSADOR SEARCH | 2019 TERMS & CONDITIONS

YD. CREW SEARCH AMBASSADOR SEARCH | 2019

Important: in completing this application form to be potentially selected for the “YD. CREW” you must comply with the Terms and be available for auditions and to be filmed for the period listed.

Please do not apply unless you agree to be bound by the Terms and Conditions and are available for the periods listed below.

You affirm that you:

1. are:

at least 18 years of age and will supply a copy of your birth certificates or passports confirming your age if requested;

2. are:

an Australian citizen or permanent resident;

3. will complete and submit the online application form in full by the closing date referenced on the website;

4. will be available for the audition and filming periods required;

5. will be able to meet all other conditions for eligibility as detailed elsewhere in this application form or the Terms; and

6. will answer all questions honestly and to the best of your ability.

N.B. applications received by post will not be accepted.

Availability for filming dates: you will need to be available for auditions and filming between:

1/06/19 - 30/06/19 DATES ARE SUBJECT TO CHANGE

We will be unable to reply to all applicants individually.


ELIGIBILITY REQUIREMENTS AND TERMS AND CONDITIONS (INCLUDING PRIVACY)

THESE APPLICATION TERMS AND CONDITIONS (TERMS) CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THE APPLICATION AND THE ACCOMPANYING PRIVACY STATEMENT CAREFULLY.

You must indicate your acceptance of the below Terms on behalf of yourself by checking the box signifying your agreement if you wish to apply to be considered for the influencer search entitled “yd. Crew Search” and your personal details will be included in a database compiled for this purpose.

I agree (the Applicant) with yd. Australia Pty Ltd (the Producer) that in consideration for the Producer's labour and expense in making arrangements relating to My participant application (Application) for the ambassador search entitled “yd. Crew Search” (the Program) and the opportunity provided to us to potentially appear in or in association with the Program, I hereby consent to the filming and recording of My contribution and involvement in the auditioning process and the Program, and the use of My audition video clip or photograph by the Producer on the terms and conditions below:

1. I agree to supply a copy of My birth certificates, passports or other such documentation confirming My age if requested by the Producer. I acknowledge that failure to supply proof of age (i.e. birth certificate, passport, current driver's licence or proof of age card) will result in My disqualification from the auditioning process.

2. I am:

Australian citizen or permanent resident; and will supply documentation confirming such if requested.

3. In the event that I participate in any stage of the production of the Program then prior to and as a condition for my participation, I understand and agree that I will execute all waivers, release agreements and/or a separate Participant/Contestant Release as required by the Producer and any of their licensees, successors or assigns..

4. I am willing to submit medical information to the Producer and to submit to medical examinations, psychological examinations and background checks including full police and criminal record if requested by the Producer and I will sign all forms and/or consents in this regard as the Producer may require of Me.

5. I hereby give the following representations, warranties, acknowledgements, consents and releases:

(a) I hereby represent, warrant, acknowledge and agree that:

i. I have read, met and agree to be bound by these Application Terms and eligibility requirements;

ii. I am available for the production of the Program for the approximate dates listed in the online application form;

iii. I am willing to travel to various locations as part of production of the Program;

iv. I will abide by the rules, regulations and terms and conditions (the Rules) of the Program at any interview, auditioning process, event, activity, promotion or publicity relating to the Program as devised from time to time by the Producer and accept the decision of the Producer (including concerning selection of the participants) as final and not subject to challenge or appeal and hereby acknowledge that the interests of the Program shall override those of any participant;

v. I will complete this application form and all other forms associated with the Program honestly and accurately and agree that the answers and information I supply in such forms and otherwise to the Producer will be in no way misleading;

vi. the Producer reserves the right exercisable at any time at its sole discretion to disqualify or dismiss Me from the auditioning process or the Program should I at any stage supply untruthful, inaccurate, incomplete or misleading personal details or information, break the Rules or otherwise be in breach of these Terms;

vii. the Producer has no obligation to audition or select Me as a participant for any stage of the Program;

viii. even if I am selected as a participant, the Producer has no obligation to record or broadcast My involvement in the Program;

ix. the Producer has no obligation to return any materials I submit as part of the application, whether or not I am selected as a participant;

x. I have not and will not enter into any commercial or other sponsorship agreement or arrangement with any competitor stated by the Producer in respect of my appearance in the Program;

(b) By submitting this application:

i. I hereby consent to the recording, use and reuse by the Producer and any of their respective licensees of (i) My voice, actions, likeness, name, appearances, biographical material (collectively Likeness) and/or (ii) any information contained in, derived from or obtained in connection with My application to be participants in the Program and in any materials submitted by Me or a third party in connection with the Application (which includes, without limitation, any video or photograph submitted of Myself and any personal information as defined in the Privacy Act 1988 (Cth) or otherwise (Personal Information)), (the Materials) as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, throughout the universe in perpetuity in or in connection with the Program.

ii. I further agree that the Producer exclusively owns all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings of Me (including without limitation My audition) made by the Releasees for the purpose of the Program, including, without limitation, the right to edit, alter or modify such recordings and to use the same in any and all media now known or hereafter devised throughout the universe, in perpetuity.

iii. I further agree that in the event that as part of My application I’ll provide the Producer any link to content existing on any social media website, I grant the Producer an irrevocable, non-exclusive licence for the Producer and anyone authorised by the Producer to use and exploit all or part of the Online Materials in and in connection with the Program, including without limitation the right to edit, alter or modify the Online Materials, in any and all media now known or hereafter devised throughout the universe, in perpetuity.

iv. Without limiting the foregoing, I hereby assign irrevocably to the Producer (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in the Materials such that the Producer shall be entitled to use and exploit, and license others to use and exploit the Likeness and the Materials by all means and in all media and formats whether now known or hereafter invented throughout the Universe for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore, I irrevocably grant all consents and waivers (to the extent permissible at law) necessary to enable the Producer (and persons authorised by the Producer) to make fullest use of the Program, the Likeness and the Materials without restriction.

v. Without limiting the foregoing, I acknowledge and recognise the needs of production, promotion and distribution and hereby irrevocably consent to the Releasees (and persons authorised by the Releasees) editing, producing, amending and adapting the results and proceeds of the Likeness and the Materials (the Works) or any other act or omission in relation to the Works as the Releasees deem fit in their absolute discretion and whether or not such acts or omissions constitute an infringement of My moral rights as that term is understood pursuant to any provision of law prevailing now or in the future in any part of the world (Moral Rights). I acknowledge and agree that the Releasees (and persons authorised by the Releasees) will not be liable to Me and that I will have no claim against the Releasees or any other person for any act or omission of the Releasees (and persons authorised by the Releasees) resulting in any prejudicial or derogatory portrayal or representation of Me and/or the Works or any other person or omission which might otherwise constitute an infringement of My Moral Rights. In all other respects, I irrevocably waive to the extent permissible by law and agree never to assert any Moral Rights arising out of or in connection with the Works against the Releasees or any other person throughout the universe in perpetuity. I will not institute any action on the ground that any changes, deletions, additions or other use of the Works violates My Moral Rights.

vi. Without limiting the foregoing, I agree that the Releasees shall be entitled to:

a. alter, adapt or make additions to or deletions from the Program (and My Likeness thereon) at their discretion;

b. make and exploit and to authorise the making and exploitation of any recording or fixation of My Likeness separately from or in conjunction with the Program throughout the Universe in perpetuity in all media whether now known or hereafter invented;

c. dub My voice in any language; and

d. use My Likeness, the Materials, photographs of Me and recordings of interviews with Me separately from or in conjunction with the Program in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity, promotions, marketing and exploitation material. For the avoidance of doubt,.

vii I agree that I will not be paid any money for giving the Releasees the rights referred to in these Terms.

viii I release the Releasees (jointly and severally) from any and all liability arising out of the recording or use of the Likeness and/or the Materials and I agree not to make any claim against the Releasees as a result of the recording or use of the Likeness and/or the Materials (including, without limitation, any such claim that the recording or use of the Likeness and/or the Materials defames Us or invades any right of privacy and/or publicity.

ixThe Releasees (jointly and severally) shall not be liable to Me or My legal representatives for any loss or damage or injury to Myself or My property caused by or suffered during or in connection with Me taking part in the Program unless caused by the negligence of a Releasee and recoverable on that ground from that Releasee following judgment of a competent court of final judgment.

x I agree not to disclose to any third party (other than Our legal or financial professional advisors) via any means or media, any information relating to this application, the Program and any stage of the Program or the affairs of the Producer (or any assigned company) or the Broadcaster, which may come to My knowledge during or in connection with My participation in the Program.

xi I agree that I will not publicise or discuss with any third party without prior written consent from the Producer any information relating to the Program, any of the production team or any participants in the Program nor any other information which may come to My attention relating to the Broadcaster or the Producer or otherwise connected to the Program, except such information which is already public knowledge. Should I be contacted by a member of the press at any time, I agree to refer them to the Producer or such person as the Producer may nominate.

xii I agree that I grant the rights in these Terms whether or not I am selected to participate in the Program in any manner whatsoever.

xiii I will, at the request of the Producer, do everything necessary, including execute any documents, to give effect to this Agreement and the transactions contemplated by it and cause third parties to do the same.

xiv I agree that the Producer may assign My services and all other rights in the Likeness and the Materials to any subsidiary or associated companies or successors in title and to any other third party.

(c) With respect to My Personal Information:

i. I acknowledge that the Producer will deal with the collection, security, quality, use and disclosure of Personal Information in accordance with the Privacy Act 1988 (Cth) (the Act) and the Producer's Privacy Policy as may be amended from time to time, and the Privacy Statement annexed to these Terms.

ii. I hereby authorise the Producer and any person designated by the Producer to investigate, access and collect information about Me, about any of the statements made by Me in this application form, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with My application to be selected as participants in the Program, or any other written or oral statements I make in connection with My application (howsoever disclosed). I irrevocably authorise the Producer and any person or entity designated by the Producer to secure information from My associates, friends, family members, educational institutions and any references I have provided, and I irrevocably authorise such parties to provide information concerning Myself, providing such provision of information complies with all relevant laws. I agree to provide the Producer with any specific signed authority to obtain information about Me from government agencies, medical providers, employers and other organisations or providers relevant to Our application for the Program.

iii. I hereby unconditionally and irrevocably release and forever discharge the Releasees from any and all liabilities arising out of or in connection with any such investigation. I specifically authorise investigation of My employment records, medical records, government records and criminal records unless prohibited by law. I acknowledge and agree that any such information obtained by the Producer or by any person or entity designated by the Producer pursuant to this paragraph or otherwise may be used for the purposes of selecting participants in the Program or other programs, internal administrative purposes concerning the demographic and performance of individuals interested in the Program, and may be described in or in connection with the Program.

iv. I further authorise the individuals conducting such examinations of Myself set out in clause 5(c)iii above to disclose to the Producer and their representatives all information about Me obtained in connection with such examinations and authorise Producer to utilise such information in selecting participants for the Program.

6. If any clause or part of this Agreement shall for any reason be properly adjudged by any court or other legal and/or competent authority to be invalid, illegal or unenforceable in any respect, the legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.

7. I acknowledge that the Producer may amend or change the Rules or any terms and conditions applying to the Program (inclusive of the Terms) at its discretion from time to time.

8. I agree and acknowledge that My sole remedy for any breach of these Terms and requirements is an action at law for damages (if any), and that I do not have the right to rescind this Agreement or to revoke any of the rights granted under this Agreement or to seek or obtain injunctive or other equitable relief restricting or delaying the production, exhibition or exploitation of the Program. We agree that this provision is fundamental to this Agreement.

9. The Courts of New South Wales shall have sole jurisdiction in relation to the Terms of this Agreement, which shall be interpreted according to the laws of New South Wales.

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