CEFALY TECHNOLOGY CASTING CALL
TERMS AND CONDITIONS (“TERMS”) (updated: October 3, 2022)
THIS IS NOT A CONTEST AND THERE IS NO PRIZE
CEFALY Technology is the maker of CEFALY, an FDA-cleared, over-the-counter wearable medical device clinically proven to help reduce migraine frequency and relieve migraine pain. CEFALY is a non-invasive device placed on the forehead to modify pain sensation in the area research identifies as a center for migraine pain, the trigeminal nerve. The device offers two distinct treatment options -— a 60-minute ACUTE setting that serves as an abortive treatment for pain relief at the onset of a migraine, which is clinically proven to stop or reduce migraine pain during an attack; and a 20-minute PREVENT setting for daily use to help prevent future episodes.
About CEFALY Technology:
CEFALY Technology is a Belgium based company with U.S. offices based in Darien, Conn., specializing in electronics for medical applications. CEFALY Technology's mission is to provide the migraine community with forward-thinking treatments that are drug-free and clinically-proven to relieve and prevent future attacks.
1. WHO CAN ENTER:
The Casting Call is open only to legal residents of the 50 United States (including the District of Columbia), who (i) have validly submitted an entry as described below, and (ii) are at least 18 years of age or older (at the time of entry) (iii) are not currently professional models or represented by an agent or manager in relation to modeling and (iv) are current CEFALY users. The Casting Call is governed by U.S. law and subject to all applicable federal, state, and local laws and regulations. If you are prohibited from entering in this Casting Call by any local laws, rules, or regulations, you may not enter. By participating in the Casting Call, you agree fully and unconditionally to these Terms and Cefaly Technology decisions, which are final and binding in all matters related to the Casting Call. You represent and warrant that you are not represented in the modeling space. Eligibility to be selected for an invite to the Casting Days is contingent upon complying with and fulfilling all requirements set forth herein.
PARTICIPATION IN THIS CASTING CALL ONLY PROVIDES AN OPPORTUNITY FOR PARTICIPANTS TO BE CONSIDERED FOR AN INVITE TO THE CASTING DAY. THIS CASTING CALL DOES NOT GUARANTEE THAT ANY PARTICIPANT WILL BE INVITED TO ANY CASTING DAYS OR IN PERSON MEETINGS WITH CEFALY TECHNOLOGY. YOU UNDERSTAND AND AGREE THAT SPONSOR HAS THE RIGHT TO SELECT ANY PARTICIPANT IT CHOOSES (IF ANY) TO INVITE TO THE CASTING DAYS OR IN PERSON MEETINGS WITH CEFALY TECHNOLOGY.
2. GENERAL INFORMATION:
The entry period for this Casting Call opens at 12:00AM EST (US) on September 1, 2022 and ends at 11:59PM EST (US) on October 14, 2022 (the “Entry Period”). SEPT. 1 - OCT. 14
3. HOW TO ENTER:
During the Entry Period, each participant (the “Participant”) must visit the entry page at https://blog.cefaly.com/life-with-cefaly/ (“Site”) and (1) upload a full-length photo or video, posing straight on to the camera (“Photo”); and (2) submit all information requested in the entry form, which includes your name, e-mail address, Instagram account, and other information about you and your success with CEFALY (“Entry Information”). All Entry Information, photos, and other information submitted by participant shall be collectively referred to herein as the “Submissions” or each a “Submission”. Limit one (1) Submission per person. All photos and videos must show the user wearing or putting on the CEFALY device and have a plain background and even lighting and must be in .jpg or .png format. No other method of participation will be accepted. Submissions that do not follow the Terms and Conditions may be disqualified at CEFALY Technology’s discretion.
All deadlines are based on the Eastern Standard Time Zone. All determinations of eligibility shall be final and binding. For the avoidance of doubt, CEFALY Technology may or may not provide Participants with confirmation of Casting Call entry.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE A CALL BACK.
4. CALLBACK DETERMINATION:
The decision as to which Participants will receive a callback to the Casting Days will be made as follows:
A panel of representatives from CEFALY Technology will review all Submissions properly submitted during the Entry Period. The panel will choose which Participants to invite to the Casting Days, in its sole discretion, taking into account the Participant’s style, attitude, originality and relevance to the mission of CEFALY Technology.
Judging will take place throughout the Entry Period and is scheduled to be completed prior to October 14, 2022. The selected Participants will be notified (as described below) during that time. The decisions of CEFALY Technology will be final and binding in all matters related to the Casting Call.
No drawings, sweepstakes, raffles, or other elements of chance are utilized to determine the Selected Participants.
CEFALY Technology will make up to two (2) attempts to notify each Participant selected for an invitation to the Casting Days (“Selected Participant”) via the email address associated with that Selected Participant’s entry. CEFALY Technology is not liable if the Selected Participant is not reached or receives such notification too late to attend any of the Casting Days. CEFALY Technology requests that each Selected Participant please respond with a courtesy notification as to whether or not the Selected Participant will participate in the Casting Days. CEFALY Technology makes no representations or warranties that all Selected Participants will be able to participate in the Casting Days and reserves the right, in its sole discretion, to decide whether or not to invite additional Participants in the event any Selected Participants cannot or decline to attend the Casting Days.
6. CASTING DAY:
The Casting Days are anticipated to be scheduled in one New York location at some point in October/November 2022. Each Selected Participant will receive an invitation to attend the Casting Days, which will set forth the exact time and locations of each Casting Day. Every Selected Participant will be allowed to participate in any one of the Casting Days provided the Selected Participant arrives at the time and place of one of the scheduled Casting Days. If you are a Selected Participant, please do not accept an invitation to the Casting Days if you will not be available to attend any of the Casting Days. Without limiting the foregoing, Selected Participants are solely responsible for their availability and ability to arrive at the time and location of one of the Casting Days. CEFALY Technology will cover expenses,including travel and lodging of each Selected Participant up to $750.00. CEFALY Technology is not liable in any way if a Selected Participant is not able to attend any Casting Day at its designated time and location. THERE IS NO GUARANTEE THAT A SELECTED PARTICIPANT WILL RECEIVE ANYTHING OTHER THAN THE RIGHT TO PARTICIPATE IN THE CASTING DAY. WITHOUT LIMITING THE FOREGOING, ALL PARTICIPANTS EXPRESSLY ACKNOWLEDGE THAT AN INVITATION TO THE CASTING DAYS DOES NOT ENSURE ANY SELECTED PARTICIPANT WILL BE A PART OF ANY CEFALY TECHNOLOGY CAMPAIGN OR IN ANY OTHER WAY BE INVOLVED IN OR ASSOCIATED WITH CEFALY TECHNOLOGY. CEFALY TECHNOLOGY MAY NOT USE ANY SELECTED PARTICIPANT IN ANY CAMPAIGN AND MAY INSTEAD USE SOMEONE WHO DID NOT PARTICIPATE IN THE CASTING DAY.
Only a Selected Participant who can verify via photo ID that they are the party who submitted the selected Entry will be allowed to participate in a Casting Day. In addition, as a condition to participation in the Casting Day, each Selected Participant may be required to execute an Affidavit of Eligibility, a Liability Release and/or a Publicity Release and/or Participation Agreement or Waiver, and/or other documents requested by CEFALY Technology in its sole discretion, (collectively, "Affidavit/Release"). Such documents must be signed and returned in person at the Casting Day. If the documents are not signed and returned, or if an Participant is found to be ineligible, or if an Participant does not comply with these Casting Call Terms, each as determined by CEFALY Technology in CEFALY Technology’s sole discretion, then the Selected Participant will be disqualified and not be allowed to participate in the Casting Day.
By entering this Casting Call, all Participants agree to release, and hold harmless CEFALY Technology and its parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the Casting Call associated with CEFALY Technology or taking part in the Casting Call (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Casting Call or Casting Day, including without limitation (i) any condition caused by events beyond Releases' control that may cause the Casting Call or Casting Day to be disrupted, postponed or canceled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the Casting Call or Casting Day other than those caused by the willful negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the Casting Call.
9. LIMITATION OF LIABILITY:
The Releases are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. The invitations to the Casting Days are awarded “as is, where is,” without warranty of any kind, express or implied. Except where prohibited, by participating in the Casting Call and submitting an entry, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in a Casting Day, determination of a Selected Participants, or any other matter relating to the Casting Call that cannot be resolved between such Participant and any Releases shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the Casting Call, and (2) US$2,000, but in no event attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of CEFALY Technology products or campaigns, the Casting Call, any website, content, advertising or other materials used, displayed or issued in connection with the Casting Call, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE CASTING CALL, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL PARTICIPANTS.TO THE EXTENT ANY LIMITATIONS OR EXCLUSIONS TO LIABILITY DESCRIBED ABOVE ARE NOT PERMISSIBLE IN YOUR JURISDICTION, SUCH LIMITATIONS AND/OR EXCLUSIONS WILL BE DEEMED MODIFIED TO COMPLY WITH THE APPLICABLE LAWS, RULES OR REGULATIONS IN YOUR JURISDICTION.
10. GENERAL CONDITIONS:
By participating in the Casting Call, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of CEFALY Technology, which are final and binding on all matters pertaining to the Casting Call. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. CEFALY Technology reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the Casting Call in whole or in part. CEFALY Technology reserves the right to disqualify any Participant or Selected Participant, as determined by CEFALY Technology, where CEFALY Technology believes it is necessary and appropriate to do so, in its sole discretion and without liability to the Participant or Selected Participant. The Casting Call is subject to these Terms and Conditions and all applicable federal, state, provincial, and local laws and regulations. The Casting Call is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Casting Call, including the rights and obligations of the Participant and Good American in connection with the Casting Call, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, (i) for US residents, the laws of the State of Connecticut without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut. Any legal actions, suits or proceedings related to the Casting Call (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the (1) state or federal courts located in State of Connecticut and each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Casting Call. CEFALY Technology disclaims any responsibility to notify Participants of any aspect related to the conduct of the Casting Call.
11. FORCE MAJEURE:
Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by CEFALY Technology, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. COVID), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, CEFALY Technology shall have the right to modify, suspend, or terminate the Casting Call, and no Releasees shall be responsible or liable to any Participant or Selected Participant or any person claiming through such Participant or Selected Participant for failure to hold any Casting Days. CEFALY Technology is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in a Participant's email account to receive email messages.
The invalidity or unenforceability of any provision of these Terms 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 Terms 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. CEFALY Technology’s failure to (or decision not to) enforce any provision in these Terms shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Casting Call-related materials and these Terms, these Terms shall prevail, govern, and control and the discrepancy will be resolved in CEFALY Technology’s sole and absolute discretion.
This Casting Call is being sponsored by CEFALY Technology 19 Old King’s Highway South Darien, Connecticut 06820
All inquiries regarding this Casting Call should be addressed to CEFALY Technology