CALENDAR GIRL SEARCH TERMS AND CONDITIONS

GENERAL:

The 2024 Big St. Charles Motorsports calendar search will be accepting entries through the last Bike Night. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules, the entry form found of the Contest page, the Terms and Conditions of Use of the Website (as defined below) and the decisions of Big St. Charles Motorsports, LLC ("BSC"), which shall be final and binding in all respects. To the extent the Terms and Conditions of Use of the Website for entry and presentation of these Official Rules conflict, the terms and conditions of these Official Rules shall prevail.

ELIGIBILITY:

No purchase is necessary to enter or win a Prize (as defined below) in the Contest. Only legal residents of the United States who are eighteen (18) or older of the date of their submission are eligible to enter the Contest. In order to be eligible, entrants must be of sound mind and condition at the sole discretion of Big St. Charles Motorsports. Entrants must be selected by Big St. Charles Motorsports before being elligible to compete. See "HOW TO ENTER" and "SELECTION" for more information.

HOW TO ENTER:

To enter, visit www.bigstcharlesmotorsports.com (the "Website") to complete and submit your official entry form. You must provide all information requested including a recent photograph of yourself that conforms to the specifications required below (the "Submitted Photo") using the upload tool and instructions provided. Only the Entrant should appear in the Submitted Photograph. All photographs must be high-resolution JPG files between 150KB and 10MB (maximum size allowed) and high resolution. All Submitted Photographs must have been taken on or after Entrant reached eighteen (18) years of age, AND within the past six (6) months. Submitted Photographs shall not have been altered by software or other means to enhance the photo and must be suitable for publication. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer to make sure that you have the rights to submit the photographs. False, deceptive or incomplete entries or other information provided by Entrants though the Competition shall render the entry ineligible at any point in the Competition regardless of when the problem is actually discovered.

BSC reserves the right to contact an Entrant to request resubmission of one or more of the Submitted Photographs and/ or to request that the Entrant submit additional photos. While Entrants may have assistance in entering data and uploading the photographs, each Entrant must otherwise complete the entry forms herself. Any entries submitted by anyone other than the person appearing in the Submitted Photographs (including but not limited to entries submitted by modeling agencies) will be rejected. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs in BSC branded digital apps and websites, and otherwise in connection with the BSC brand, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Photographs. By entering into the Competition, Entrant represents and warrants that she owns or controls all necessary rights in the Submitted Photographs to grant Sponsor the rights described herein.

Submission of a qualifying entry grants BSC and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant.

Submission of an entry further constitutes Entrant's consent to irrevocably assign and transfer to BSC any and all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.

Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded.

Entrants may submit their entry forms and photographs using the above procedures anytime during the period between March 1 and September 6, 2023 (the "Entry Period"). Date of entry during the Entry Period will not affect chances of being chosen.

SELECTION:

BSC will, in its sole discretion, select among the Entrants (herein "Selected Entrants") based upon their evaluation of the Entrants' attractiveness and photogenic qualities, as well as the quality of the Submitted Photograph. Selected Entrants may be required to provide additional information or proof of copyright ownership. Sponsor reserves the right to contact an Entrant for any reason relating to the Competition.

In the event that any Selected Entrant is determined to be ineligible, or if a claim is made that she does not own or control sufficient rights in the Submitted Photographs to grant the requisite rights to Sponsor, after her photographs have been posted, she may be disqualified in Sponsor's sole discretion, but Sponsor is not obligated to replace her with another Selected Entrant. The selection of the Entrants shall be within the sole discretion of BSC, whose decisions shall be final, and shall be based on the criteria listed herein.

Winning the Competition is not subject to random chance. The chances of being selected depend on the number of Entrants, on the judging criteria for each round/phase, and how well the Entrant rates on each such criterion compared to other Entrants. In the event of a tie, the Judging Panel shall judge the tied entries based upon the overall quality of each tied entry.

JUDGING:

Each month, judges will be chosen by BSC to score the contestants in a three-round competition based on looks and personality.

Any Contestant that is considered by BSC in its sole discretion to be incomplete, obscene, pornographic, libelous or otherwise objectionable or inappropriate will be disqualified and will not be ineligible from all prizes.

PRIZES:

Each monthly winner will be based on position won; and are required to submit a W-9 before receiving their prize.

Each prize is non-assignable and non-transferable. A winner will be selected based on the number of points given by the selected judges and at the discretion of BSC. First place gets paid a total of $2,000, second place gets paid a total of $1,000, third place gets paid a total of $500, and fourth place will get paid a total $250.

Each winner must fulfill the Winner Obligations and Responsibilities section of this Agreement. Failure to do so will be considered a breach of this contract and may result in forfeiture of any and all prizes.

All winners may be required to submit to a confidential background check, prior to being awarded a prize, to help ensure that such person's continued participation in the Contest will not, in BSC's sole discretion, bring BSC into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or any person or entity involved with the Contest.

All details and other restrictions of prizes not specified in these Official Rules will be determined by BSC in its sole discretion.

MONTHLY CALENDAR GIRL WINNER OBLIGATIONS AND RESPONSIBILITIES:

·       Each Winner has the obligation of representing BSC in a professional manner for the entire duration of their title of Miss Big St. Charles.

·       Each Winner will be required to share at least one “BiG St. Charles Bike Night” Facebook event from their personal account before being eligible to compete the following year.

·       BSC shall enfoce these requirements at their own discretion.

·       No winner shall appear or be represented in another motorcycle or motorsports promotional material within a 300-mile radius of our physical address at: 3830 West Clay St. Saint Charles, MO 63301. Motorcycle and/or Motorsport Promotional material can include and is not limited to indirect advertising and/or marketing mediums that include the giving away as prizes motorcycles, motorcycle parts, and or anything pertaining to the motorsport industry that is indirectly donated or being advertised by a company other than Big St. Charles Motorsports, Inc. THIS POLICY WILL BE STRICTLY MONITORED AND ENFORCED.

DATES, DEADLINES AND ANTICIPATED NUMBER OF ENTRANTS:

Because of the unique nature and scope of the Contest, BSC reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest (including but not limited to the right to terminate the Contest and the Contest Period early, provided, however, that any such early termination shall be at the end of a submission Period). Sponsor cannot accurately predict the number of entrants who will participate in the Contest or the quality of the applications. BSC reserves the right to not award a prize in any given entry Period, if it does not receive a sufficient number of eligible and qualified entries

LICENSE:

By entering your Submission in the Calendar Contest, you hereby grant BSC and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty free, sublicensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your submissions for any legal purposes whatsoever now known or hereinafter becomes known. You also grant the Big St. Charles Motorsports Network (as defined in the Terms and Conditions of Use of the Contest) and the Website a nonexclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Entry as allowed by the BSC and in accordance with the Terms and Conditions of Use of the Contest.

RIGHTS AND USE OF PHOTOS:

Any entered contestant of the Big St. Charles Motorsports Calendar Contest who has reviewed and accepted the terms of use, privacy policy, and contest rules pertaining to said contest agrees to the following: We reserve the right to post, publish, and distribute any/all pictures uploaded by you (entrant) to our site for marketing and promotion purposes within bigstcharlesmotorsports.com, any of our partner sites, and any other means of advertising such as the internet, company or partner sites website banners, magazine ads, flyers, and television ads . We also reserve the right to distribute or publish the photos via auxiliary methods (like mobile phones and iPods).

CONDUCT:

By entering, Entrants: (i) agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules, and (ii) irrevocably consent to the jurisdiction and venue of the federal, state, and local courts located in Saint Charles County, Missouri. Failure to comply with these Rules may result in disqualification. 

BSC reserves the right, in its sole discretion, to disqualify any individual: (a) acting in any manner deemed by Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person.

Full nudity and/ or exposing genital, anus, and nipples during the competition WILL NOT BE TOLERATED. BSC reserves the right, in its sole discretion, to disqualify any Enrant participating in such actions. 

ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, BSC RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION:

Photo submission must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the Submission. BSC reserves the rights to request proof of these permissions in a form acceptable to BSC from any entrant at any time. By submitting a Submission, entrant warrants and represents that she and any persons appearing or who are identifiable in the Submission consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website

BSC reserves the right to disqualify any Submission/ Entamt for any reason, in its sole and absolute discretion.

NO OBLIGATION TO USE:

BSC shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and BSC may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.

PRIZE EARNINGS AND TAXATION:

Each Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. All Place Winners must sign and return an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release or other documentation relating to the Grand Prize (collectively, "Prize Claim Documents") prior to receiving the prize. Time is of the essence in awarding the Grand Prize. Accordingly, if a selected winner fails or refuses to sign and return any and all Prize Claim Documents within three (3) business days of prize notification, the winner may be disqualified and another winner will be selected in accordance with the procedures set forth above.

GENERAL LIABILITY RELEASE/FORCE MAJEURE:

BSC and all affiliated sponsors (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. BSC assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, BSC is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. BSC reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an un-sportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and BSC reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event BSC is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within BSC's control (each a "Force Majeure" event or occurrence), then BSC shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, BSC will (if possible) select the winner from all eligible, no suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these 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 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.

WINNERS LIST / OFFICIAL RULES:

To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to:

Darius Cazacu

Big St. Charles Motorsports
3830 West Clay

St. Charles MO, 63301

All such requests must be received by the end of the applicable submission period. These Official Rules may be copied and saved from this website.