ELITE MODEL LOOK 2024 (the "Competition")
ONLINE GENERAL TERMS AND CONDITIONS / PRIVACY POLICY
ONLINE GENERAL TERMS AND CONDITIONS
1. Introduction
(i) IN ORDER TO USE THIS APPLICATION AND ENTER THIS COMPETITION, YOU MUST AGREE TO THESE TERMS AND CONDITIONS BY TICKING THE BOX "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS" WHEN YOU MAKE YOUR SUBMISSION.
(ii) This Competition is offered to you by Elite Licensing Company S.A.G.L located at Via Cattori 3, 6900 Paradiso, SWITZERLAND, registration number CHE-104.830.610, represented by Mr. Paolo Barbieri.
In these terms and conditions, the organizer will be referred to as "We" or "Us".
You can contact Us by writing to the address above or emailing us at: info@elitemodellook.com.
(iii) These terms and conditions govern (a) your use of the Elite Model Look online application or such other application as may be utilized by Us to promote the Competition (including any application made available in conjunction with a third party) (each an "Application" and collectively the “Applications”) and (b) your Submission (as defined in paragraph 2(ii) below) (subject to acceptance of your Submission by Us) to the Competition.
(iv) The Competition is being run worldwide and as such the Competition is available through a website owned and controlled by Us (each a “Website” and collectively the "Websites").
(v) As the text of these Terms and Conditions may be presented in several languages, English shall always be the deciding language in the case of any differences in interpretation.
2. Competition Terms
The following terms apply to all entrants entering the Competition within countries where no EML contest is physically organized:
(i) Name of Competition: Elite Model Look 2024 Competition.
(ii) Method of Entry: In order to enter the Competition, you must upload three (3) photographs of yourself as follows: one full body, one portrait and one from the waist up (collectively your "Submission"). You should upload your Submission into the participation form on the Website (www.elitemodellook.com). If We receive a Submission from you which is corrupted, incomplete or otherwise deficient, We may not be able to enter you into the Competition. Proof of uploading your Submission will not be accepted as proof of entry.
In order to enter the Competition via an Application, you will be required to create a simple profile (email and password) on the Application Website www.elitemodellook.com/apply.
(iii) Specific Competition Restrictions: In order to participate in the Competition, you must comply with the following restrictions:
(a) The Competition is open to people aged 14 years and over at the time of applying
(b) You must have written consent from at least one parent or guardian to enter this Competition if you are under 18 years old.
(c) Only one entry per person is allowed to the Competition and multiple entries may result in you being disqualified from the Competition.
(d) Competition Period: Entries must be received between August 1st 2023 and September 30th 2024 midnight (GMT) (“Competition Period”). Any entries received after the Competition Period will automatically carry over to 2025.
(e) Winner Selection: One or several winner(s) can be selected to be the potential representative of his/her country during the International Final of the Elite Model Look 2024 modelling competition. If you are a winner, you will be notified within twenty-eight (28) days of the Competition closing date. A list of all regional winners will be included on the Elite Model Look website. We will have the final overall decision over winner selection and this decision is final. No correspondence will be entered into.
We will be responsible for the costs related to the participation of the Winner in the International Final of the Elite Model Look 2024 modelling competition: travel, accommodation, expenses, charges and travel insurance.
Please ensure that you hold a full and valid passport. We are not able to accept liability for your failure to travel as a result of an invalid passport or visa or other necessary documentation. This may include proof of a negative covid test.
3. Your Submission
(i) Your Submission must comply with the following rules:
(a) It must not be obscene, offensive or pornographic;
(b) It must be a true and accurate image of you;
(c) It must not use material and/or content which would infringe the rights of any other person;
(d) You must have all necessary rights and consents to provide the Submission to Us; and
(e) It must not contain the image or other personal details of any other person.
(ii) We reserve the right to refuse to accept or refuse or cease to use any Submission which We believe contravenes these rules.
4. Publicity
You agree to take part in reasonable Competition publicity (during the relevant Competition Period and thereafter) requested by Us and you agree that you may be filmed, photographed or otherwise recorded by Us or other third parties for this purpose. You agree that your name, likeness, voice and statements may be published throughout the world in any media now known or in the future devised in connection with your participation in the Competition and/or in the exercise of advertising, publicity and marketing rights undertaken by Us.
5. Intellectual Property
(i) In consideration of us agreeing to enter you for the Competition, you hereby assign Us the right to use your photographic and/or video submission for social media promotion of your participation in Elite Model Look. You agree to carry out anything required by us to give effect to this clause.
(ii) Please note that We will not return any photographs or other content that you provide to us as part of your Submission.
6. Use of Your Personal Data
(i) We take our data protection obligations very seriously and will only use your data as set out in these terms and conditions and/or in accordance with our Privacy Policy which can be found set out below. Our Privacy Policy is deemed a part of these Terms and Conditions. It is your responsibility to ensure that you have read and understood these various terms and conditions and policies.
(ii) You agree that we may use your personal information for the purposes of running and promoting of the Competition, including, but not limited to (a) to keep our statistics up to date, (b) to organize castings for the Competition and (c) to select the entrant who will take part in the national casting of the Elite Model Look competition.
(iii) You agree that We may use and disclose to third parties any information you provide to Us (a) for the purposes of approving and enabling your participation in the Competition, and (b) in accordance with our Privacy Policy. We may also provide information in response to any request of any judicial, administrative or regulatory authority. You agree that We can share the information you provide to Us with other companies in our corporate group, with our licensees who We have licensed to run the Competition in the various territories, with our carefully selected third party partners and with other third-party organizations to whom We have outsourced our data collection functions.
(iv) The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"), in the respect of European Regulation 2016/679 (GDPR) Articles 44-49 and Swisse Federal law 235.1 about data protection 25th Sept. 2020 (FDAP). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, data collection functions, managing our database and providing support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these terms and conditions and the privacy policy and the applicable law.
7. Disputes
In the event of any dispute regarding these Terms and Conditions, the Competition Information, mistake or dispute about the running of the Competition including the results or judging criteria, or the operation of any technical or communications systems (including the Website(s)), our decision shall be final.
8. Governing Law and Jurisdiction
These Terms and Conditions will be governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the courts of England and Wales.
These Terms and Conditions were last updated April 2024 in the current version published on 4th August 2023, only the references to the new Swiss Personal Data Protection Act, in force since 1 September 2023, have been updated.
9. Cookies
10. Access to and Updating Your Data
1. If you want to update or delete your Data contained in your online account or if you want to delete your registered online account, please email Us at dpo@elitemodelworld.com
2. If you would like to receive a copy of your Data held by Us, please email Us at dpo@elitemodelworld.com. We may charge you a small administration fee to comply with your request, as set forth in Article 19 of the Swisse Ordinance 235.11 about Data Protection August 31 2023 (DPO).
11. Location of your Data
We hold your Data in Ireland, where the Application servers are located. We may pass into Elite World Group and affiliates or reputable third parties general statistical information about the Applications and/or Websites user base, sales patterns, traffic volumes and related matters but these details will not include information personally identifying you. In addition, We may need to share your information (including in some instances personally identifying information) with reputable third parties for the purposes described in the Privacy Information Notice below. These entities Elite World Group and affiliates or reputable third parties may be based outside the EEA and Switzerland and, by using the Application and the Websites, you expressly agree that we may transfer your Data outside solely for these purposes.
12. Other Links
Please be aware that the Applications and/or Websites may link to other web sites that may be accessed by you through our Websites. We are not responsible for the data policies, content or security of these linked web sites. We do not have any control over the use to which third parties may put your Data where you choose to purchase products or services or otherwise to contact them via this Websites. It is your responsibility to review the data policies, content or security of these linked websites.
PRIVACY INFORMATION NOTICE ON THE PROCESSING OF THE CONTESTANTS’ PERSONAL DATA
With reference to the processing of your personal data, we inform you of the following.
Data Controller and representative in the EU
Data Controller of your personal data is Elite Licensing Company SAGL, with registered offices in Via Cattori 3, 6900 Lugano Paradiso, Switzerland (in the following referred to as the “Company”), whose representative in the EU, pursuant to Regulation (EU) 2016/679 (“GDPR”), is Elite Model Management Milano S.r.l., with its registered office in Via Tortona n. 35, Milan, Italy.
Categories of data processed and source from which it originates
The Company collects your personal data when you submit your application in the Elite Model Look website and, if you are admitted, during your possible participation to the Elite Model Look Contest (hereinafter also “Contest”).
The following categories of data may be processed:
- biographical data (name and surname, date of birth, address, nationality, gender);
- contact data (telephone number, mobile number, email);
- your pictures, videos and/or other audio-visual content;
- ID, visas and other possible documents required under the applicable law to permit your participation to the Contest, where their communication is necessary;
- data regarding your or data concerning your health (such as any medical problems and food allergies, which is necessary to communicate);
- your physical measures;
- general information about your education, interests and sports you practice;
- any other data which is necessary for your application for and participation to the Elite Model Look Contest;
- any other data which is necessary to assess any possible establishment of contractual relationships of model management with you.
Modalities of the processing
The processing of your personal data is carried out with procedures and measures aimed at the security of data, in terms of integrity, confidentiality and accessibility, in compliance with the provisions of GDPR and the Swiss Federal Act of Data Protection of 25 September 2020 and subsequent amendments and supplements (“FADP”).
The Company will process your personal data in paper form and/or by electronic instruments.
Purposes of the processing
The Company processes your personal data:
1. to permit your participation to any stage of the Elite Model Look Contest and for the compliance with any related legal obligation;
2. for the assessment of the conditions for the establishment of a contractual relationship with you regarding model management services and for the promotion of Elite brand and business;
3. to send newsletters, commercial communications and offers from the Company and/or for the communication to other companies of the network to which the Company belongs and/or their partners and/or sponsors of the Contest, so that such subjects may send you their commercial communication and offers in case you consent;
Legal bases of the processing
The processing of your personal data to permit your participation to any stage of the Elite Model Look Contest relies, pursuant to Article 6, par. 1, letter b) and Article 9 paragraph 2 letter a) of GDPR and Article 31 par. 1 and par. 2 letter a), FADP, on the necessity to take steps at your request to participate to the Elite Model Look Contest and pursuant to Article 6, par. 1, letter c) of GDPR, and to Article 31 par. 1 FADP on the necessity to comply with any related legal obligation to which the Company is subject.
The processing of your personal data for the promotion of Elite brand and business relies, pursuant to Article 6, par. 1, letter b) of GDPR and Article 31 par. 1 and par. 2 letter a) of FADP on the performance of the assignments of image rights you have signed.
The processing of your personal data for marketing purposes relies, pursuant to Article 6, par. 1, letter a) of GDPR and to Article 31, par. 1 FADP on your optional, explicit and free consent. If you do not give your consent to the processing for such purpose, you will be prevented from receiving newsletters, commercial communications and offers from the Company and/or other companies of the network to which the Company belongs and/or their partners and/or sponsors of the Contest, but this will not prevent your participation to the Contest in any way.
Nature of the provision of your personal data and consequences for failure to provide your personal data
The provision of your personal data is a necessary requirement for your participation to the Contest.
Failure to provide your personal data would prevent your participation to the Contest.
Failure to provide your consent to the processing of your personal data for marketing purposes or to the provision of your personal data to third parties for marketing purposes will not affect your participation to the Contest.
Data Retention period of your personal data
Your personal data will be retained for the time strictly necessary for your participation in the Contest and as long as necessary to comply with legal obligations or to exercise or defend a right. Your personal data processed for the promotion of Elite brand and business will be retained according to the assignment of image rights you have signed. Finally, your personal data could be retained for 2 additional years to assess the conditions for the establishment of a contractual relationship with you regarding the Company’s model management services.
Your personal data processed for marketing purposes will be retained until you withdraw your consent.
Recipients of your personal data
Your personal data will be processed by persons explicitly authorized by the Company, working in the business units like the Administration Department of the Elite Model Look Contest and Model Management services and to any other business unit which needs to process them for the above purposes.
Your personal data may be communicated to video-makers and photographers, consultants, press agencies, hotel managers, tour operators, public relations agencies, advertising and marketing agencies, website and social media account managers, commercial partners, sponsors, persons in charge for the security, chaperons, and insurance companies.
For the same purposes your personal data may be communicated, also abroad, to other companies pertaining to the Elite World Group.
The possible transfer of your personal data to countries which are located outside the European Economic Area and Switzerland will be carried out if necessary for the assessment of your application to participate to the Elite Model Look Contest or to enable you to participate to any phase of it or for the performance of contracts of which you are a party or which are concluded in your favour, or for the implementation of pre-contractual measures taken at your request, or as long as the transfer is necessary to ascertain, exercise or defend a right before judiciary authorities or to protect your vital interests where you are physically or legally incapable of giving consent or if you have explicitly provided your consent to the transfer.
In case of additional transfers of your personal data, the Company will carry out such transfers only in accordance with the FADP, the related Ordinance of 31 august 2022 and the GDPR. In particular the Company will carry out such transfers:
• towards Third Countries, one or more specific sectors within a Third Country or international organizations for which the European Commission and the Federal Council (Article 16 FADP) deem that an adequate level of protection of personal data is in place; or
• if the recipient of the data obtained an appropriate certification or adhered to a specific code of conduct ensuring that the processing of personal data is carried out with safeguards which are appropriate under EU law and the FADP; or
• if the Company implemented appropriate safeguards to protect your personal data, by concluding contracts including the so-called Standard Contractual Clauses, as prepared by the European Commission and according to the applicable Swiss law or prepared by the national Data Protection Authority.
Further information about the safeguards adopted by the Company for such transfers can be requested to dpo@elitemodelworld.com.
Your name and surname pictures, videos and/or other audio-visual content on you, may be also disseminated via website and/or social media accounts managed by the Company and/or third parties.
Your rights
As a data subject of the processing of your personal data carried out by the Company, you have, and you are entitled to exercise in any moment, the following rights under the GDPR, if applicable, and the FADP:
- Right of access (Article 15 of GDPR; Articles 25-26-27 FADP), consisting of the right to obtain confirmation as to whether or not your personal data is being processed, and, if it is the case, have access to it and to obtain a copy of such personal data.
- Right to rectification (Article 16 of GDPR; Article32, par. 1 FADP), consisting of the right to obtain the rectification of inaccurate personal data concerning you. Where necessary, you have also the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (Article 17 of GDPR; Article 30 par. 2, lett. b, and Article 32 par. 2 lett. c FADP), consisting of the right to obtain from the Company the erasure of personal data concerning you in the cases under Article 17 of GDPR, from the Swiss Civil Court in the cases under Article 32 FADP. In such cases your personal data will be erased and, if made public, taking account of available technology and the cost of implementation, reasonable steps will be taken to inform controllers which are processing the personal data of your request of erasure.
- Right to restriction of the processing (Article 18 of GDPR Article 30, par. 2, lett. b, and Article 32 FADP), which provides that your personal data is marked, in specific cases, with the aim of limiting its processing in the future. In case of restriction of the processing your personal data will be processed, with the exception of storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
- Right to obtain the communication of the recipients made aware of a possible rectification, erasure of personal data or restriction of the processing (Article 19 of GDPR; Article 32, par. 4 FADP), consisting of the possibility to ask and obtain the indication of the recipients made aware of the possible rectification, erasure of personal data or restriction of the processing.
- Right to data portability (Article 20 of GDPR) consisting of the right to receive, where permitted by the law, personal data concerning you, which you have provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance, in cases and conditions established under Article 20 GDPR. Right to data portability (Article 28-29 FADP), consisting of the right to deliver the personal data that you have provided to the Company in a conventional electronic format if (i) the Company is carrying out the automated processing of the data and (ii) the data are being processed with your consent or in direct connection with the conclusion or the performance of a contract between you and the Company. You may also request us to transfer your personal data to another controller if the requirements in paragraph 1 are met and no disproportionate effort is required.
- Right to object to the processing (Article 21 of GDPR; Article 30, par. 2, lett. b, and Article 32 FADP) consisting of the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller or is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, including profiling based on those provisions. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data for such purpose concerning you, which includes profiling.
- Right to withdraw your consent (Article 7, par. 3 and 13, par. 2, letter c) and 14, par. 2 letter d) of GDPR; Article 30, par. 2, lett. b, Article 32 and Article 6, par. 6-7 FADP), consisting of the right to withdraw your consent at any time, when it is the legal basis of the processing of your personal data, without affecting the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint with the supervisory authority (Article 13, par. 2, letter d), Article 14, par. 2, letter e) and Article 77 of GDPR consisting of the right to lodge a complaint with a supervisory data protection authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. You may lodge a complaint with the competent Swiss authorities in accordance with Article 49, par. 4 FADP.
In case of your request to exercise your rights, the Company could have the necessity to verify your identity and, therefore, it will be necessary that you provide your identifying data and the contact data essential to identify and contact you with reference to your request.
Possible limitations to the exercise of your rights, and to the consequent obligations of the Company, can be provided by the applicable law.
Changes to this privacy policy
We may change this Privacy Policy at any time by giving you notice or by publishing the modified Privacy Policy on the Applications and/or Website. It is your responsibility to review this Privacy Policy (as amended by Us from time to time). If any amendment to this Privacy Policy is unacceptable to you, you should cease using the Website and leave the contest. If you continue using the Website and participating to the contest following notification of the modified Privacy Policy, you will be deemed to have accepted and will be bound by the modified Privacy Policy.
In the current version published on 4 avril 2024 , only the references to the new Swiss Personal Data Protection Act, in force since 1 September 2023, have been updated / Copyright 2023 Elite Licensing Company S.A.G.L.