Sports Illustrated Swim Search 2025 Casting Call Terms and Conditions

Samantha Martinez | Dec 12, 2024

SI Swimsuit

BY PARTICIPATING IN THE SPORTS ILLUSTRATED SWIM SEARCH 2025 (“CASTING CALL”), YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING OR TAKING ANY ACTION IN RELATION TO THE CASTING CALL. THE CASTING CALL IS INTENDED FOR LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA. DO NOT ENTER OR PARTICIPATE IF YOU ARE NOT ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

PARTICIPATION IN THIS CASTING CALL ONLY PROVIDES YOU AN OPPORTUNITY TO BE CONSIDERED TO APPEAR IN THE 2026 SPORTS ILLUSTRATED SWIM ISSUE (“ISSUE”). THIS CASTING CALL DOES NOT GUARANTEE THAT YOU WILL BE SELECTED OR INVITED TO ANY CASTING DAYS OR IN PERSON MEETINGS WITH COMPANY. COMPANY MAKES NO GUARANTEE THAT ANY INDIVIDUAL WHO PARTICIPATES IN THIS CASTING CALL WILL ULTIMATELY BE SELECTED FOR INCLUSION IN THE ISSUE. COMPANY RESERVES THE RIGHT TO USE OTHER METHODS IN ADDITION TO THIS CASTING CALL TO FIND POTENTIAL CANDIDATES FOR INCLUSION IN THE ISSUE. COMPANY DOES NOT GUARANTEE THAT ANY INDIVIDUAL INITIALLY SELECTED FOR PARTICIPATION IN ANY CASTING DAYS OR IN PERSON MEETINGS WITH COMPANY, WHETHER THROUGH THIS CASTING CALL OR OTHER METHOD, WILL ULTIMATELY BE SELECTED FOR INCLUSION IN THE ISSUE.

PLEASE NOTE, THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT WHERE PROHIBITED BY LAW, BY AGREEING TO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ELIGIBILITY: The Casting Call is open to legal residents of the fifty (50) United States and the District of Columbia who are twenty-one (21) years of age or older at the time of submission. You must be able to travel to Miami, FL to appear at Miami Swim Week 2025 and related activities that are expected to occur from May 28, 2025, through June 2, 2025. Employees of Sportority Inc. ("Company") and the Released Parties (as defined below) and members of their immediate family (spouse, parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to participate in this Casting Call. This Casting Call is subject to all applicable federal, state and local laws. Your entry and participation in the Casting Call constitutes your full and unconditional agreement to these Terms and decisions of Company, which shall be final and binding in all respects relating to this Casting Call.

SUBMISSION PERIOD: Submissions for this Casting Call open at 8:00am Eastern Time (“ET”) on December 13, 2024, and close at 11:59pm ET on March 31, 2025 (“Submission Period”).

HOW TO SUBMIT: During the Submission Period, to enter the Casting Call, you (the “Participant”) must:

Step 1: Visit https://swimsuit.si.com/swimsearch/2025/application (“Website”) and follow the online instructions to complete the submission process. You must provide all required information, photographs and videos (collectively, “Submission”) and agree to the Waiver and Release (“Release”) or your Submission may be invalid as determined by Company in its sole discretion. You must be the only individual appearing in the Submission. Specific requirements for the photos and video to be submitted will be set forth on the Website.

Step 2: Follow @si_swimsuit on Instagram and TikTok, and @theswimfluencenetwork on Instagram (the “Social Activation”). Your Instagram and TikTok account must be set to “public” in order for your Submission to be eligible.

The Submission, Release and the Social Activation and any other materials information, including the Social Post(s) defined below, submitted by you in connection with this Casting Call shall be collectively referred to as the “Submission Materials”.

COMPANY MAY OR MAY NOT PROVIDE YOU WITH CONFIRMATION OF YOUR SUBMISSION.

Participant acknowledges that the Submission Materials may be featured on the Sports Illustrated Swim website, TikTok and/or Instagram channels. PARTICIPANT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE FOREGOING PRIOR TO PUBLICATION AND CONSENTS TO ANY SUCH USE THEREOF AS SET FORTH MORE COMPLETELY IN THE RELEASE.

Participant also has the option to create and post a TikTok or Instagram of Participant’s choice (the “Social Post(s)”) with the hashtag #SISwimSearch25 for an opportunity to be featured on the Sports Illustrated Swim TikTok or Instagram channels. PARTICIPANT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE FOREGOING PRIOR TO PUBLICATION AND CONSENTS TO ANY SUCH USE THEREOF AS SET FORTH MORE COMPLETELY IN THE RELEASE. The Social Post is not a condition or requirement to participate in the Casting Call.

PARTICIPANT UNDERSTANDS AND AGREES THAT PARTICIPANT’S SUBMISSION AND PARTICIPATION IN THE CASTING CALL OR IN ANY CASTING DAYS OR IN PERSON MEETINGS WITH COMPANY DOES NOT CREATE THE RELATIONSHIP OF PRINCIPAL AND INDEPENDENT CONTRACTOR, NOR EMPLOYER AND EMPLOYEE, BETWEEN THE PARTICIPANT AND COMPANY OR THE RELEASED PARTIES. THIS CASTING CALL IS NOT INTENDED TO CREATE, AND SHALL NOT CREATE, AN EMPLOYMENT RELATIONSHIP, A JOINT VENTURE, PARTNERSHIP, OR SIMILAR RELATIONSHIP, FOR ANY PURPOSE.

Limit one (1) Submission per Participant. Multiple Submissions from any Participant will be void. All Submission Materials must be submitted by the Participant. Automated or bulk Submissions or Submissions submitted by third parties may be disqualified by the Company at its sole discretion. Any Submission Material generated by script, macro or other automated means or by any means which subvert the submission process, including but not limited to, the use of multiple accounts and/or different identities, are void and Participant may be disqualified. If Participant does not have an Instagram or TikTok account, establishing an account is free. All Instagram or TikTok terms apply, as applicable. If Participant is not selected as a Finalist (as defined below), such Participant can return the account to “private” any time after the Finalists have been announced. All Submission Materials become the property of Company.

REQUIREMENTS OF SUBMISSION MATERIALS: All Submission Materials must be the original work of Participant, must not have been previously published, must 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. All information, personal or otherwise provided as part of the Submission Materials, should be true, accurate, and reflect Participant’s true experiences and beliefs. Participant must own all rights in and to all Submission Materials. Participant may not use any applications or A.I. (Artificial Intelligence) to edit or retouch your photographs or video submitted as part of the Submission Materials.

Submission Materials may not contain, as determined by the Company in its sole discretion, any content, imagery or materials that:

Are sexually explicit or suggestive, profane, pornographic or contains nudity;
Are unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activity(ies) that may appear unsafe or dangerous, or any particular political agenda or message;
Are obscene or offensive and/or endorses any form of hate or hate group;
Appear to duplicate any other submitted Submissions;
Defame, misrepresent or contain disparaging remarks about the Company, the Released Parties, Company’s and the Released Parties products or services, or other people, products, services, companies or other third parties;
Contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
Contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
Contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
Communicate messages or images inconsistent with the positive images and/or good will Company wishes to associate; and/or
Violate any law, rule or regulation.

Company may disqualify any Participant for any reason, including if it determines, in its sole discretion, that the Submission Materials fail to conform to these Terms in any way or otherwise contain unacceptable content, imagery or materials or are not in keeping with Company’s image.

VERIFICATION: COMPANY RESERVES THE RIGHT TO REQUIRE PROOF OF IDENTITY FROM, AND/OR VERIFY THE ELIGIBILITY, OF ALL PARTICIPANTS. A PARTICIPANT MAY NOT ADVANCE TO THE NEXT ROUND OF THE CASTING CALL IF THEIR ELIGIBILITY AND IDENTITY HAVE NOT BEEN VERIFIED, IF REQUIRED BY COMPANY. FAILURE TO PROVIDE SUCH PROOF OF IDENTITY AND/OR VERIFICATION OF ELIGIBILITY TO THE COMPLETE SATISFACTION OF THE COMPANY WITHIN THE TIMELINE SPECIFIED BY THE COMPANY MAY RESULT IN DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY. FINALISTS MUST BE WILLING TO SUBMIT TO A BACKGROUND CHECK AND TO PROVIDE FULL WRITTEN CONSENT IF REQUIRED. SUCH BACKGROUND CHECK MAY INCLUDE, WITHOUT LIMITATION, CIVIL AND CRIMINAL COURT RECORDS AND POLICE REPORTS. COMPANY RESERVES THE RIGHT (AT ANY POINT AND IN ITS SOLE DISCRETION) TO DISQUALIFY ANY PARTICIPANT BASED ON THE RESULTS OF THE BACKGROUND CHECK.

PUBLICITY GRANT AND LICENSE/USE OF SUBMISSIONS: Except where prohibited by law, Participant’s participation in the Casting Call constitutes Participant’s grant to Company and the Released Parties of a fully paid up, worldwide right and license to print, publish, reproduce, distribute, publicly display, exhibit, exploit, broadcast, edit, modify, create derivate works from and otherwise use the Submission Materials (and all elements embodied therein) and Participant’s name, likeness, social media handle, and biographical information in any and all media now known or hereafter devised, in any manner or time, in whole or in part or together with other materials, and in all languages, for any purpose whatsoever, including without limitation, for purposes of advertising, production or trade, without any additional compensation or notification to, or permission from, Participant or any third party. Participant will provide Company with a high-resolution copy of the photographs and video that are part of Participant’s Submission Materials if requested by Company. Any photographs or videos taken, or materials created during the Casting Call by Participant, Company or the Released Parties may, at Company’s sole discretion, be published and/or used in or in connection with any business purpose. Company has no obligation to make use of the rights granted herein. PARTICIPANT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE FOREGOING PRIOR TO PUBLICATION AND CONSENTS TO ANY SUCH USE THEREOF. Company and the Released Parties are not responsible for any unauthorized use of the foregoing by third parties.

SELECTION PROCESS

Selection, Notification and Requirements of Finalists: When reviewing Submission Materials, Company will be looking for, including but not limited to, photogenic quality, charisma, original and/or compelling stories, impact, and overall personality. Company will notify the Participants selected to advance (“Finalists”), if any, of their status in either April or May 2025 via an email sent to the email address provided to Company in the Submission. Finalists will be required to respond to the notification indicating whether they wish to advance within the time indicated by Company in the notification. Finalists must be able to attend 2025 Miami Swim Week with Company, on the day(s) and times determined by Company in its sole discretion, which will include walking the runway at the 2025 Sports Illustrated Swimsuit Runway Show and any other activities as determined in Company’s sole discretion. For the avoidance of doubt, Finalists appearing during 2025 Miami Swim Week may have been selected by Company through methods other than the Casting Call.

Finalist Obligations: Each Finalist will receive: (i) one (1) round trip, economy class airfare to/from Miami, Florida; (ii) hotel accommodations at a 4-star hotel for a minimum of one (1) night; (iii) car service to/from Casting Call activities at 2025 Miami Swim Week; (iv) food and beverage during 2025 Miami Swim Week; and (v) walking the runway at the 2025 Sports Illustrated Swimsuit Runway Show. If any Finalist resides within a 100-mile radius of Miami, Florida, Company reserves the right to substitute round-trip ground transportation to/from Finalist’s residence in lieu of air transportation. Approximate Retail Value (“ARV”): $4,100.

Selection, Notification and Requirements of the Sports Illustrated Swimsuit Rookie: On or before 2025 Miami Swim Week, a profile, photograph(s), video(s) and other content or materials, as determined by Company in its sole discretion, featuring the Finalists will be posted on the Website. On or about May 27, 2025, at 8:00am ET through June 24, 2025, at 11:59pm ET (“Public Voting Period”), the public will have an opportunity to vote for who they think the Sports Illustrated Swimsuit Rookie should be on the Website (“Public Votes”). Finalists will be assessed by representatives of Company on their confidence, in person and online presence, their embodiment of the SI Swimsuit values of empowerment, and individuality and professionalism. Fan engagement and overall public response throughout the Casting Call, including during 2025 Miami Swim Week, may also be taken into consideration. The Sports Illustrated Swimsuit Rookie for the Issue will be notified in August or September 2025 via an email sent to the email address provided to Company in the Submission and must respond to same within the time indicated by Company in the notification.

Sports Illustrated Swimsuit Rookie Obligations: The Sports Illustrated Swimsuit Rookie will receive: (i) the opportunity to be featured in the Issue; (ii) one (1) exclusive photoshoot for the Issue; (iii) one (1) round trip, economy class airfare to/from the photoshoot location; (iv) hotel accommodations at a 4-star hotel for a minimum of one (1) night; (v) car service to/from the photoshoot location; (vi) food and beverage during photoshoot; and (vii) the opportunity to be featured in marketing for the Issue, including behind-the-scenes content from the Sports Illustrated Swimsuit Rookie’s photoshoot being shared across SI Swimsuit’s digital platforms and social media accounts. ARV is $4,500 USD.

PARTICIPANTS MAY NOT MAKE ANY PUBLIC STATEMENTS, RELEASES OR ANNOUNCEMENTS ABOUT BEING SELECTED AS A FINALIST OR SPORTS ILLUSTRATED SWIMSUIT ROOKIE PRIOR TO COMPANY’S OFFICIAL ANNOUNCEMENT OF THE SAME WITHOUT COMPANY’S PRIOR WRITTEN CONSENT.

Company’s decisions on all matters related to the selection of the Finalists and Sports Illustrated Swimsuit Rookie shall be final and binding. Company may disqualify a Participant at any time and for any reason in its sole discretion. It is Participant’s responsibility to monitor their email address. Company is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify any Participant. If Company is unable to contact an Participant, the Participant fails to respond to any notification from Company within the time frame indicated by Company in such notification, or the Participant fails to comply with any requirement set forth herein or fails to return any required document by the date requested, then Participant may be disqualified in Company’s sole discretion and Company may, at its sole discretion, select an alternate Finalist or Sports Illustrated Swimsuit Rookie.

Any difference between ARV and actual value will not be awarded. The actual value of travel provided by Company may be taxable as income, and any applicable federal, state and local taxes shall be the sole responsibility of the Finalists and the Sports Illustrated Swimsuit Rookie. The Finalists and the Sports Illustrated Swimsuit Rookie will be required to provide Company with a valid social security number or tax identification number, as required by applicable law, for tax reporting purposes. If applicable, Company will issue an IRS Form 1099 to the Finalists and the Sports Illustrated Swimsuit Rookie, for the actual value of travel provided by Company.

TRAVEL CONDITIONS AND RESTRICTIONS

If a Finalist or the Sports Illustrated Swimsuit Rookie engages in any behavior during travel, including at 2025 Miami Swim Week, that Company determines, in its sole discretion, is obnoxious, threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Company or any of Company’s services, products, trademarks, service marks, or logos, then this may result in the Finalist’s or the Sports Illustrated Swimsuit Rookie’s disqualification (in Company’s sole discretion) with no liability whatsoever. The Finalists and the Sports Illustrated Swimsuit Rookie shall not negligently or willfully damage any hotel accommodation, location, or any other personal or real property of Company or that of any other Finalist, person or entity, and Company shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by a Finalist or the Sports Illustrated Swimsuit Rookie as a result of such conduct. In the event a Finalist or the Sports Illustrated Swimsuit Rookie engages in behavior during travel, including at 2025 Miami Swim Week, that Company determines in its sole discretion is illegal, tortious, or subjects the Finalist or the Sports Illustrated Swimsuit Rookie to arrest or detention, Company shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by the Finalist or the Sports Illustrated Swimsuit Rookie as a result of such conduct.

The Finalists and the Sports Illustrated Swimsuit Rookie are responsible for obtaining all necessary travel documents, including, without limitation, a passport, driver’s license, state ID or other identification required for use in connection with travel. Travel arrangements will be made through Company with an airline carrier or ground transportation company of Company’s choice. The Finalists and the Sports Illustrated Swimsuit Rookie must be available to travel on dates specified by Company or risk being disqualified. Certain travel restrictions may apply. The Finalists and the Sports Illustrated Swimsuit Rookie are responsible for obtaining travel insurance and all other forms of insurance in connection with the travel required of them and hereby acknowledge that Company has not and will not obtain or provide travel insurance or any other form of insurance for the Finalists or the Sports Illustrated Swimsuit Rookie. Travel is subject to the terms and conditions set forth in these Terms, and those set forth by the airline carrier or other transportation company chosen by Company as detailed in the passenger ticket contract. The passenger ticket contracts in use by the airlines or other transportation company shall constitute the sole contract with respect to the Finalists’ and the Sports Illustrated Swimsuit Rookie’s transportation, and such contracts shall be solely between the Finalist and such transportation company and the Sports Illustrated Swimsuit Rookie and such transportation company. Lost, stolen, or damaged airline or other transportation tickets will not be replaced or exchanged. No stopovers are permitted. If a stopover occurs, the Prize travel will terminate, and the Finalist or the Sports Illustrated Swimsuit Rookie will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Company shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation company or any other persons providing any of these services to the Finalists or the Sports Illustrated Swimsuit Rookie, including any results thereof such as changes in services or accommodations necessitated by same. Air travel may not be eligible for frequent flyer miles or upgrades. The Finalists and the Sports Illustrated Swimsuit Rookie must comply with all hotel check-in requirements.

All travel details are in Company’s sole and absolute discretion. Company will provide Participants with reasonable notice of any change. COMPANY SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL PROVIDED BY COMPANY OR PARTICIPATION IN THE CASTING CALL.

DISCLAIMERS, WAIVERS, RELEASES AND INDEMNIFICATION: Company reserves the right, in its sole discretion to cancel, terminate, modify or suspend this Casting Call at any time in its sole discretion. By entering and participating in the Casting Call, Participant agrees to indemnify, defend, release, discharge and hold harmless Company. Meta Platforms (d/b/a Instagram), TikTok, Inc., and its parents, affiliates, licensors, licensees, subsidiaries, advertising and promotion agencies, and each of their officers, directors, shareholders, employees, agents and representatives (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Participant’s Entry and participation in the Casting Call or any Casting Call-related activity (including any travel or activity related thereto). Except where prohibited by law, Participant agrees to release all rights to bring any claim, action, or proceeding against the Company arising out of its Submission and participation in the Casting Call. Except where prohibited by law, Participant assumes full liability for an injury or damage caused, or claimed to be caused, by its participation in this Casting Call, or the use of any Casting Call related website.

Company and the Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Submission Materials, email, mail or other communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Casting Call, including, without limitation, errors or difficulties which may occur in connection with the administration of the Casting Call or in any Casting Call-related materials. Company and the Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Casting Call. Company and the Released Parties are not responsible for injury or damage to any person's computer or other device related to or resulting from participating in this Casting Call or downloading materials from or use of the Casting Call related websites. Persons who tamper with or abuse any aspect of the Casting Call or Casting Call related websites, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by Company, will be disqualified and all associated Submissions will be void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CASTING CALL MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

ARBITRATION

IMPORTANT – PLEASE REVIEW THIS ARBITRATION SECTION AS THIS MAY AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION SECTION IS APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

MANDATORY ARBITRATION OF DISPUTES. PARTICIPANT AGREES THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE CASTING CALL (EACH, A “DISPUTE” AND COLLECTIVELY, THE “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, CONFIDENTIAL, INDIVIDUAL ARBITRATION, UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS ARBITRATION SECTION, AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. PARTICIPANT AND COMPANY AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND CONDITIONS AND THAT PARTICIPANT AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

Initial Dispute Resolution and Notification. Participant and Company agree that, prior to initiating an arbitration or other legal proceeding, Participant and Company will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Company, Participant must send a Notice of Dispute (“Notice”) by certified mail to the attention of Company’s Legal Department at the Company’s address set out in these Terms (with a copy sent via email to legal@minutemedia.com). For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to Company must contain all of the following information: (1) your full name, address, and the email address associated with your Entry; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; (4) your signature verifying the accuracy of the Notice; and (5) if you are represented by counsel, a statement authorizing Company to disclose information about you to your attorney. After receipt of your Notice, you and Company shall engage in a good-faith efforts to resolve the Dispute for a period of sixty (60) days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither Participant or Company may initiate an arbitration or other legal proceeding related to the Dispute. If the Dispute is not resolved during the Informal Dispute Resolution Period, Participant may initiate an individual arbitration as provided below.

Conducting Arbitration and Arbitration Rules. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY ARBITRATION MUST BE INITIATED BY PARTICIPANT WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION ACCRUING OR THE CONCLUSION OF THE CASTING CALL, WHICHEVER IS EARLIER, OR THE DISPUTE IS FOREVER BARRED (the “LIMITATION PERIOD”). Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control. A Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Arbitration Section. If NAM fails or declines to conduct the arbitration for any reason, Participant and Company will mutually select a different arbitration administrator. If Participant and Company cannot agree, a court will appoint the arbitration administrator. Any arbitration hearing will take place in New York, New York, unless Participant and Company agree to a different location or to a virtual hearing. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this Arbitration Section, except that only a court of competent jurisdiction located in New York County, New York (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth below are unenforceable, unconscionable, void, or voidable.

Mass Filing Procedures. YOU AND COMPANY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Company’s receipt of one or more Notices of substantially similar claims brought by or on behalf of twenty-five (25) or more claimants (including you) within a sixty (60) day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules” available at https://www.namadr.com/resources/rules-fees-forms/) to the extent not contrary to these Terms or barred per the Limitation Period. If a court determines that this requirement is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.

Batching: You and Company agree that your and other individuals' claims deemed by Company as a Mass Filing may be filed with NAM in batches of no greater than fifty (50) individuals' claims at one time, with twenty (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by counsel for you and other claimants and twenty (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by Company. After your claim is batched and permitted to be filed as a Demand, you and Company agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.

First (Bellwether) Batch: The first batch of up to fifty (50) Demands are the “Bellwether Arbitrations”. If your claim is included in the Bellwether Arbitrations, you and Company shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred twenty (120) days of the initial pre-hearing conference.

Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Company in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.

Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Company agree to confidentially mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Company will pay the mediator's fees. The Global Mediation shall be completed within twenty (120) days of the selection of a mediator, unless extended by written agreement between you and Company.

Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and one hundred (100) or more claims included in the Mass Filing remain unresolved, you or Company may opt out of arbitration and elect to have your claim resolved in by the courts located in New York County, New York consistent with these Terms. You or Company must exercise this election within forty-five (45) days of the completion of Global Mediation.

Sequential Arbitration of Remaining Batches: If neither you nor Company opt out of arbitration, another batch of no greater than fifty (50) individuals' claims will be selected from the Mass Filing, with twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by counsel for claimants and twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by Company. If your claim is included in this next batch of fifty (50) claims, your claim will be filed with NAM, and you and Company shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred twenty (120) days of the initial pre-hearing conference. The process of batching up to fifty (50) individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.

Tolling. For any claim subject to these Mass Filing procedures, the Limitation Period as set forth in this arbitration section shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Company opts out of arbitration as provided above.

Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Company will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction in New York, New York (excluding attorney’s fees and costs). If Company prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Company reimbursement from you of Company's arbitration filing fees and costs (including reasonable attorney’s fees and costs).

Offer of Settlement. Company may, but is not obligated to, make a written offer to settle your claim at least fourteen (14) days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Company’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Company after its offer was made (including reasonable attorney’s fees and costs), unless otherwise prohibited by the underlying law governing your claim.

CLASS ACTION WAIVER. YOU AND COMPANY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. THIS ALSO MEANS THAT YOU AND COMPANY MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER LANGUAGE IN THESE TERMS, YOU OR COMPANY MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

Effect of Changes on Arbitration. Notwithstanding the provisions of Arbitration Section, if Company changes any terms of this Arbitration Section after the date you first accepted these Terms or any subsequent changes to these Terms , you may reject the new changes to this Arbitration Section by sending us written notice, personally signed by you, by certified mail to the attention of Company’s Legal Department at the Company address set out in these Terms (with a copy emailed to legal@minutemedia.com) within thirty (30) days of the date such change became effective, as indicated by the later of (1) the "Last Updated" date of the Terms you seek to reject or (2) the date of Company’s email to you notifying you of such change. Even if you reject a change, you will remain subject to the last version of this Arbitration Section of the Terms that you had accepted.

LIMITATION OF LIABILITY. You acknowledge and agree that all claims, judgments and awards shall be limited to actual out-of-pocket costs (not to exceed US$10.00) incurred by you in submitting an Entry and participating in the Casting Call. In no event shall Company be required to pay your attorneys’ fees or costs. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSS OR INJURIES SUFFERED BY YOU OR BY ANY THIRD PARTY (“SPECIAL DAMAGES”), ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE CASTING CALL, WHETHER BASED ON CONTRACT (INCLUDING THESE TERMS), TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE BEFOREHAND OR AFTERWARDS. You hereby waive all rights to claim Special Damages, all rights to have such damages multiplied or increased, and all rights to seek injunctive or other equitable relief. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR SPECIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

GOVERNING LAW AND JURISDICTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms , or the rights and obligations of you and Company in connection with the Casting Call, or any claim or dispute that has arisen or may arise between you and Company, shall be governed by, and construed in accordance with, the laws of the State of New York, USA without giving effect to any choice of law or conflict of law rules. The applicable federal or state courts located in New York County, New York shall have sole jurisdiction over any Dispute that cannot be resolved by arbitration as set forth herein and you consent to the mandatory and exclusive jurisdiction of such courts with respect to any such legal proceedings.

SEVERABILITY. If any part of these Terms are deemed invalid, illegal, or unenforceable, all other terms, conditions, and provisions of these Terms shall nevertheless remain in full force and effect.

USE OF DATA: Information submitted by or collected from you in connection with the Casting Call, including personal information as defined by applicable data protection and privacy laws, shall be subject to Company’s privacy policy, located at https://www.minutemedia.com/policies/privacy-policy. By entering and participating this Casting Call, you expressly consent to Company and the Released Parties sharing and using the personal Information submitted only for the purposes described in these Terms , including without limitation for the purpose of selecting the Finalists and the Sports Illustrated Swimsuit Rookie, administering the Casting Call, Prize fulfillment and sending updates and announcements from Company concerning the Sports Illustrated brand and products. If you do not provide Company with personal information required to enter the Casting Call, you will not be able to participate in the Casting Call. By entering the Casting Call, you expressly consent and agree that the personal information you provide in the Entry may be used by Authentic Brands Group, LLC and its licensees and their parents, subsidiaries, licensees, affiliated companies, agents, retailers, distributors, representatives, partners and subcontractors for marketing and commercial purposes.

CONFIDENTIALITY: You agree to keep confidential and not disclose any confidential or proprietary information of Company or the Released Parties that Company discloses to you, or you otherwise receive, learn or gain access to during your participation in the Casting Call. Company may require, in Company’s sole discretion, you to sign and return a Non-Disclosure Agreement as a condition of your participation in the Casting Call.

ANY TRADEMARKS USED IN THE CASTING CALL ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. THIS CASTING CALL IS NOT SPONSORED, ENDORSED, OR ADMINISTERED, OR ASSOCIATED, BY ANY SUCH TRADEMARK OWNER OR ANY SOCIAL MEDIA PLATFORM, INCLUDING, WITHOUT LIMITATION, X, META, INSTAGRAM OR TIKTOK.

Last Updated December 13, 2024

Published Dec 10, 2024|Modified Dec 12, 2024

SAMANTHA MARTINEZ