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MONSTER GIRL SEARCH SOUTH AFRICA 2022

 

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WELCOME TO THE MONSTER GIRL SEARCH SOUTH AFRICA 2022 


 
We are very excited to welcome you to the very first Monster Girl Search in South Africa. We are looking to expand our current South African Team and build a dynamic group of Monster Girls to represent Monster Energy both locally and globally. Being a Monster Girl, it’s important to love and live the brand. We are looking for ambassadors who are passionate about Monster Energy and what the brand represents, understanding and taking your role seriously as a Monster Energy Girl while being energetic, outgoing, personable and professional at all times. 
 
A Monster Girl is not only a brand ambassador but essentially a big part of the Monster Energy Family. We hope to welcome you to our Monster Energy family soon. 

- Monster Energy Team

submit entries from May 03 2022 to May 31 2022

promotion rules

Monster Girl Search
Participant Terms and Conditions


By completing and submitting an Online Registration Form the Participant agrees with Monster Energy that the Participant has read, understood, and agrees to be bound by the following terms and conditions (“Terms”).These Terms will prevail in the event of any conflict or inconsistency with any other communications sent to the Participant by Monster Energy, including advertising or promotional materials. By entering this Competition, the Participant will be deemed to have accepted, and shall be bound by, the Terms. This version of the Terms applies to Participants in the Territory. Capitalised terms in this recital shall have the meaning ascribed to such terms in the Terms.


Important Provisions
Monster Energy has a duty, in terms of the Consumer Protection Act, No. 68 of 2008 ("CPA") to point out certain important provisions in these Terms to the Participant.  The clauses which contain these important provisions and the reasons why they are important are set out below.  It is very important that the Participant reads all of these clauses carefully and not just what is stipulated below.


Limitation of risk, legal responsibilities and liability.  Clauses 5.1, 7.1, 7.3, 7.4 9.1 and 9.3 below are important because they limit and exclude obligations, liabilities and legal responsibilities that Monster Energy may have to the Participant.   As a result of these clauses, the Participant’s rights and remedies against Monster Energy are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, Monster Energy for losses, damages, liability or harm you or others may suffer as a result of your participation in the Competition. Clause 9.2 herein below is particularly important because you take on risk, legal responsibilities and liability.  In terms of this clause, the Participant may be responsible for taxes, fees, claims and other amounts.  
Indemnities by Participant.  Clause 7.2 herein below requires the Participant to indemnify (hold harmless) Monster Energy against claims, loss, damages, and harm that may be suffered by Monster Energy as a result of the events set out in clause 7.2. This places various risks, liabilities, obligations and legal responsibilities on the Participant, and the Participant will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claimed.

1    Definitions and Interpretation
1.1    The words and expressions set out below shall, save where the context otherwise requires, have the following meanings in these Terms:
“Agreement” means the agreement entered into by Monster Energy and each Participant which consists of the Online Application Form and these Terms; 
“Competition” shall mean the Monster Girl Search;
“Finalists” has the meaning given in clause 3.1.1;
“Intellectual Property Rights” means patents, rights to inventions, copyrights and related rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill and to sue for passing off and unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;
“Monster Energy” means Monster Energy Europe Limited being a company registered in England and Wales with company registration number 06394100 and whose registered office is at Unit 51, Metropolitan Park, Bristol Road, Greenford, Middlesex UB6 8UP, United Kingdom;
“Monster Girl Agency” shall mean the modelling agency selected by, and partnered with, Monster Energy, to contractually represent the New Monster Girls;
“Monster Girl Agency Contract” means a twelve (12) month contract for the provision of promotional services to Monster Energy by the selected New Monster Girls in return for payment of an agreed rate for the provision of such services which contract shall be prepared and provided to each New Monster Girl by the Monster Girl Agency; 
“Monster Girl Search” means the online competition being run by Monster Energy to find five (5) models to represent Monster Energy as ‘Monster Girls’;
“Monster Panel” means a panel of Monster Energy representatives that have been assembled to choose their top ten (10) Finalists as part of the Interview Stage;
“Monster Panel Result” has the meaning given at clause 3.3.3; 
“New Monster Girls” means the five (5) winners of the Monster Girl Search as selected pursuant to these Terms (each a “Monster Girl”);
 “Online Registration Form” means the online registration form provided by Monster Energy which must be completed and submitted by the Participant on the Social Media Channels in order to participate in the Monster Girl Search;
“Participant” means the person named on the Online Registration Form who wishes to enter the Monster Girl Search; 
“Personal Information” has the meaning given in the Protection of Personal Information Act, 2013;
“Photoshoot Stage” means the competition stage during which various photoshoots will take place in Cape Town or such other location as determined by Monster Energy in Monster Energy’s absolute discretion, during the Photoshoot Stage Period, which may include without limitation, videography and participation in various activities that embody the Monster Energy brand, to be arranged and paid for by Monster Energy, subject to clause 3.3.4 below, and which may be used to obtain photographs of the Finalists for upload onto the Social Media Channels;
“Photoshoot Stage Period” means the period from 10 June 2022 to 12 June 2022;
“Registration Date” means 03 May 2022;
“Registration Period” means the period from the 00.01 am on the Registration Date to 11.59 pm on 31 May 2022;
“Relevant Law” means all legislation, codes of practice, standards, guidelines and regulations (in each case having the force of law) as amended from time to time, in each case to the extent applicable to the transactions contemplated in this Agreement;
“Selection Criteria” means the criteria for the selection of the New Monster Girls which are that Participants must demonstrate that they can be a beacon for the Monster Energy brand and embody the Monster Energy brand spirit in who they are and what they do. To do this, Participants must demonstrate:
(i)    They are energetic, outgoing and personable, have personality and individualism but are determined and professional; and
(ii)    That their hobbies or interests reflect a passion for action sports, motorsports or music; 
“Selection Process” means the process by which the New Monster Girls will be selected as set out in clause 3; 
“Social Media Channels” means Monster Energy’s website and/or Instagram and/or Facebook page where the Monster Girl Search will be promoted;
“Territory” means the Republic of South Africa; and
1.2    Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3    References to any statute shall include such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted under the laws of England and Wales.
1.4    Any reference to a clause shall be deemed to be a reference to a clause of this Agreement.
1.5    The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.6    The words “include(s)” or "including" are not to be treated as a word of limitation.
1.7    All times and dates set out in these Terms refer to times and dates in the United Kingdom. In the event of any dispute over the time any vote or entry is submitted, the decision of Monster Energy shall be final. 
2    Monster Girl Search Registration
2.1    Monster Energy owns or controls all rights in and to the Monster Girl Search. 
2.2    Only persons over the age of 18 who are resident in the Territory on the Registration Date may register for and participate in the Monster Girl Search.
2.3    No employee or family member of an employee, of Monster Energy or their affiliated companies, subcontractors, agents or assigns or anyone else professionally connected with the Monster Girl Search is permitted to enter the Monster Girl Search.
2.4    To register for the Monster Girl Search, the Participant must complete the Online Registration Form during the Registration Period by answering questions and submitting their name, email address, social media handle and links to upload a video submission and a photograph submission, following the instructions provided on the landing page. 
2.5    The closing date for registrations will be 11.59 pm on 31 May 2022. Monster Energy reserves the right, at any time, to verify the validity of any Online Registration Form and information relating to a Participant (including a Participant’s age and place of residence) and of any votes cast as part of the Selection Process and to disqualify any Participant who Monster Energy believes to have acted in breach of these Terms or to have tampered with the Selection Process.
2.6     Monster Energy is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent receipt by Monster Energy of an Online Registration Form. In consideration of being provided with a place to participate in the Monster Girl Search, the Participant acknowledges, and agrees to abide, by these Terms and by the decision of Monster Energy in relation to all matters relating to the Monster Girl Search, whose decision shall be final. No correspondence in this regard will be entered into. The Participant may obtain a copy of these Terms by contacting Monster Energy at www.monsterenergy.com/contact-us and requesting a copy.
2.7    The Participant acknowledges that in completing the Online Registration Form they are committing to participation in the Selection Process.
2.8    Each Participant agrees to participate in publicity resulting from the Monster Girl Search if requested to do so by Monster Energy and consents to Monster Energy using the name and details of the Participant, their photographs and audio and/or visual recordings of them in any publicity for the Monster Girl Search. For the avoidance of doubt any Personal Information relating to Participants will be used solely in accordance with our privacy policy https://www.monsterenergy.com/za/en/privacy-policy. Due to the nature of the necessary publicity resulting from the Monster Girl Search, the Participant waives its right to decline the use of the Participant’s image in marketing material, decline to participate in any marketing activity or to decline to be present when the prize is announced subject to these Terms.
2.9    In the event that members of the media contact Monster Energy with a request to interview or feature a Participant other than as part of publicity organised by or on behalf of Monster Energy for the Monster Girl Search, Monster Energy may pass such request on to the Participant. It is entirely for the Participant to decide whether or not they wish to agree to any such request and failure to do so will not impact their participation in the Monster Girl Search. 
3    Selection Process
3.1    First Stage
3.1.1    Following the closing of the Registration Period, Monster Energy will select such number of, but no more than, ten (10) Participants, in Monster Energy’s absolute discretion for the Photoshoot Stage, based on Monster Energy’s assessment of which Participants best meet the Selection Criteria (together the “Finalists”);
3.2    Monster Girl Agency Contract    
3.2.1    Each of the Finalists selected will be offered a Monster Girl Agency Contract. 
3.2.2    In order to become eligible to progress to the Photoshoot Stage, each Finalist will be required to sign the Monster Girl Agency Contract.
3.2.3    In the event that a Finalist elects not to enter into a Monster Girl Agency Contract, the position will be offered to the next best placed Finalist based upon the Monster Panel Result.
3.2.4    Each Finalist acknowledges and agrees that the preparation of the Monster Girl Agency Contract may result in a delay.
3.3    Photoshoot Stage
3.3.1    Each of the Finalists will be invited to attend the Photoshoot Stage with representatives of Monster Energy during the Photoshoot Stage Period to assist Monster Energy in assessing which Finalists best meet the Selection Criteria.
3.3.2    In the event that a Finalist is unavailable to attend the Photoshoot Stage or Monster Energy cannot contact a Finalist prior to the Photoshoot Stage for any reason whatsoever, such Finalist’s entry to the Monster Girl Search will be deemed null and void and Monster Energy shall, in its absolute discretion, be entitled to select another Participant to become a Finalist as soon as reasonably possible thereafter. 
3.3.3    The Monster Panel will collaborate and choose their top five (5) Finalists based on their assessment of which Finalists best meet the Selection Criteria (“Monster Panel Result”), and the New Monster Girls will be those top five (5) Finalists.
3.3.4    For the avoidance of doubt, Monster Energy shall be responsible for the following costs of the Photoshoot Stage:
3.3.4.1 A two (2) night stay in accommodation of no less than a three (3) star rating; the hotel to be selected by Monster Energy in its complete discretion, subject to availability (“Hotel”);
3.3.4.2 Economy flight return tickets from a domestic airport to an airport at the Photoshoot Stage location (“Destination Point”), the airport locations, dates and times of the flights shall be determined by Monster Energy in its complete discretion, subject to availability; and
3.3.4.3 Return economy transferers as determined by Monster Energy in its complete discretion (i) from Destination Point to Hotel; (ii) from the Hotel to the photoshoot and/or activity locations; and (iii) from the Hotel back to the Destination Point on the final day of the Photoshoot Stage, the times and mode of transport to be determined by Monster Energy in its complete discretion, subject to availability.
For the avoidance of doubt, any costs not specifically included and outlined in clause 3.3.4 above shall be borne solely by each Finalist, including without limitation, tax, valid health insurance for travel, travel visa (if applicable), accommodation, transportation, equipment, sustenance and/or any entertainment. Accommodation is on a room only basis and each Finalist will be responsible for all food and beverage consumed at the Hotel and elsewhere which is not specifically included and outlined in clause 3.3.4 and all additional room charges.

4    Prize
4.1    The New Monster Girls will be notified of their selection on 20 June 2022 by email or by telephone.
4.2    Subject to having first executed a Monster Girl Agency Contract, each New Monster Girl will be invited to participate in such events as determined by Monster Energy in Monster Energy’s absolute discretion, subject to the terms of the Monster Girl Agency Contract. 
5    Cancellation, Amendment and Refusal of Entry
5.1    Monster Energy reserves the right to: 
5.1.1    Change the format of the Monster Girl Search or the Selection Process and/or cancel, delay or postpone the Monster Girl Search or any stage(s) in the Selection Process, in whole or in part, without liability to the Participants;  
5.1.2    Refuse entry to the Monster Girl Search, or future events organised by Monster Energy, to any Participant who: 
(a)    Monster Energy reasonably believes has not complied with these Terms;
(b)    Is ineligible to participate in the Monster Girl Search (or to whom  participation in the Monster Girl Search should have been refused); or
(c)    Monster Energy reasonably believes has fraudulently completed any part of the Online Registration Form.
Monster Energy has no liability for any costs or expenses that may be incurred by a Participant as a result of the occurrence of any of the events in this clause 5.1. 
6    Participant Obligations 
6.1    By entering into this Agreement the Participant agrees:
6.1.1    To abide by all rules, instructions and regulations published, displayed or otherwise given from time to time by Monster Energy in relation to the Monster Girl Search; 
6.1.2    To remain well behaved, not to cause any nuisance or annoyance to any other person involved in the Monster Girl Search and to exercise care as to their own safety and the safety of all others whilst participating in the Monster Girl Search;
6.1.3    To comply with all Relevant Law applicable to their  participation in the Monster Girl Search; 
6.1.4    Not to bring to any part of the Selection Process or use any drugs, illegal substances, performance enhancing substances or intoxicants of any kind whilst participating in any part of the Selection Process and not to say or do anything during the Selection Process which brings Monster Energy or the Monster Energy Girl Search into disrepute or ridicule;
6.1.5    That Monster Energy reserves the exclusive right and licence to use the Participant’s name, nickname, likeness, initials, autograph, voice, signature, pictures, photographs (including negatives thereof), images, videos, films, drawings and/or renderings of the Participant and other identifiers of the Participant throughout the world in perpetuity (and, the Participant hereby grants Monster Energy such exclusive right and licence free of charge and for the maximum duration permitted by law) to, or to permit a contracted third party to, interview and/or photograph and/or film the Participant at any stage of the Selection Process (or subsequent to the Selection Process as Monster Energy may reasonably require) and to the unlimited use in all current and future media including (i) on the Monster Energy internet website(s) including www.monsterenergy.com in perpetuity (ii) on any microsite developed by Monster Energy, or one of its subsidiaries or affiliated companies in perpetuity (iii) on any Monster Energy social media properties, including but not limited to, Facebook, Twitter, YouTube, Instagram, Pinterest and Google + in perpetuity (vi) any advertising and promotional materials, in connection with the production, advertisement, marketing or promotion of the Monster Girl Search and, to the extent permitted by Relevant Law, including the right to continue to use any such advertising and promotional materials created during the Monster Girl Search in perpetuity (v) in any photograph, video, motion picture or electronic game in which Monster Energy has an ownership interest, which is manufactured, created or produced during the Monster Girl Search, in perpetuity, including the right to sell, use and/or distribute such items after the date of the Monster Girl Search expiration. Participant hereby agrees to execute specific releases for any photograph (including negatives thereof), video and/or film of Participant that may be taken for use in connection with the foregoing. The Participant hereby waives any moral or like rights which the Participant may have in respect of any such materials under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions); 
6.1.6    Not to use or reproduce in any form the logos, trade marks, or copyrighted material of Monster Energy or any of its affiliates, whether in conjunction with participation in the Monster Girl Search or otherwise; and
6.1.7    To sign a waiver of liability for the Photoshoot Stage and/or prior to any activity to take place during the Photoshoot Stage. A copy of the waiver of liability can be obtained upon request to: [email protected]
7    Indemnity and Limitation of Liability 
7.1    Monster Energy, subject to clauses 7.5 and 7.6, shall have no liability to a Participant: 
7.1.1    For any losses incurred by the Participant due to their  participation in the Monster Girl Search; 
7.1.2    In the event that there is a change in the time, date and/or venue and/or format of the Selection Process (or any part thereof) and/or the Monster Girl Search or the Selection Process is cancelled, delayed or postponed, in whole or in part, for any reason beyond the reasonable control of Monster Energy; or 
7.1.3    If a Participant fails to take part in the Selection Process for any reason.
7.2    The Participant hereby agrees to irrevocably indemnify and hold harmless, and reimburse Monster Energy from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred (including legal and professional fees) by Monster Energy (including in relation to the Participant’s insurers) in connection with: 
7.2.1    Any accident, loss, damage or injury arising out of the Participant's attendance at, participation in, or training for, the Monster Girl Search save where the same is caused by the act or default of Monster Energy; and 
7.2.2    Any claim made by any third party due to or arising from or relating to the Participant’s participation in the Monster Girl Search or the breach of any term of this Agreement by the Participant. 
7.3    Subject to clauses 7.5 and 7.6, Monster Energy will not be liable in any way to the Participant as a result of any losses the Participant suffers as a result of Monster Energy’s breach unless such losses were reasonably foreseeable to both the Participant and Monster Energy on the Registration Date. For the avoidance of doubt, Monster Energy will not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Monster Girl Search for indirect losses which are not foreseeable by the Participant and Monster Energy such as loss of: revenues, profits, contracts, business or anticipated savings or loss of data; goodwill or reputation; or any special or indirect or consequential losses. 
7.4    The Participant hereby acknowledges that Monster Energy does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the participation in the Monster Girl Search by each Participant.  The Participant is advised to obtain such insurance themselves if required. 
7.5    Nothing in these Terms shall exclude or limit Monster Energy’s liability:
7.5.1    For death or personal injury resulting from the negligence of Monster Energy or a deliberate act or omission of Monster Energy, its employees or agents;
7.5.2    For breach of statutory duty;
7.5.3    For fraud or fraudulent misrepresentation; or
7.5.4    To the extent that such liability cannot be excluded or limited by law.
7.6    Nothing in these Terms shall affect any statutory rights to which the Participant may be entitled to as a consumer. 
8    Data Protection 
Any Personal Information that Participants submit to Monster Energy or which Monster Energy collects from Participants in connection with the Monster Girl Search will be used in accordance with our privacy policy. https://www.monsterenergy.com/za/en/privacy-policy.
9    General
9.1    Monster Energy shall not be liable to the Participant or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of Monster Energy's obligations in relation to the Monster Girl Search, if the delay or failure was due to any cause beyond Monster Energy's reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond Monster Energy's reasonable control: 
9.1.1    Act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident; 
9.1.2    War or threat of war, sabotage, insurrection, civil disturbance or requisition; 
9.1.3    Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; 
9.1.4    Import or export regulations or embargoes; 
9.1.5    Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Monster Energy or of a third party); 
9.1.6    Difficulties in obtaining raw materials, labour or similar; and
9.1.7    COVID-19, or any similar future epidemic, pandemic or outbreak (including where such epidemic, pandemic or outbreak is active, declared and/or anticipated as at the time of the competition or not. 
9.2    Save as otherwise stated in these Terms, Monster Energy has no liability for any costs or expenses that may be incurred by any Participant. All prize winners will be liable for any tax chargeable in relation to their prize. 
9.3    This Agreement constitutes the entire agreement between the parties in relation to the Monster Girl Search. Each Participant acknowledges that in entering into this Agreement the Participant has not relied upon, and shall have no remedy in respect of,  any oral or written statement, representation, warranty or understanding other than the statements, representations, warranties and understandings expressly set out in this Agreement (“Pre-Contractual Statements”) and the Participant waives all rights and remedies which might otherwise be available to the Participant in relation to such Pre-Contractual Statements, provided that nothing in this clause 9.3 shall operate to limit or exclude either party’s liability for fraud. 
9.4    In the event of conflict between the Online Registration Form and these Terms, the content of these Terms shall prevail.
9.5    If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
9.6    Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between Monster Energy and any Participant.
9.7    No term, condition or provision of these Terms shall be enforceable under the Contracts (Right of Third Parties) Act 1999.
9.8    The granting by Monster Energy of any time or indulgence in respect of any breach of any term of this Agreement by a Participant shall not be deemed a waiver of such breach and the waiver by Monster Energy of any breach of any term of this Agreement by any Participant shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any breach.
9.9    The Agreement shall be governed by and construed in accordance with the laws of England and Wales. Monster Energy and each Participant hereby agree to submit any disputes arising in connection with this Agreement (including non-contractual disputes) to the non-exclusive jurisdiction of the Courts of England and Wales. Where such choice of law and/or jurisdiction is invalid in whole or in part, this Agreement shall be subject to the applicable laws of the Territory.