Rules & Regulations
NYX Los Angeles, INC
The FACE Fine Artistry of Cosmetics Elites Awards Contest
OFFICIAL RULES (May 16, 2013)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
Description of the Contest
The FACE Fine Artistry of Cosmetic Elites Awards is looking for The National Beauty Vlogger of the Year on Youtube™. Out of 30 eligible entrants, 6 finalists will be flown to Los Angeles during the week of August 20, 2013, to compete in the FACE Awards Contest on August 24, 2013, where a panel of judges will select the grand prize winner, who will win US$25,000 cash and other prizes. Five Finalists will be awarded US$1000 worth of NYX cosmetics.
This contest is sponsored by NYX, Los Angeles Inc., 2230 S. Tubeway Ave., Commerce, CA 90040 (“Sponsor”).
To enter the contest, you must agree to these Official Rules and you are encouraged to read them carefully so that you understand them. You agree that submission of an entry constitutes agreement to these Official Rules and forms a binding contract between you and Sponsor. You may not enter the contest and are not eligible to receive any prize unless you agree to the Official Rules and provide the documents described in these Official Rules. Void where prohibited.
This contest is open to legal residents of the United States, including the District of Columbia (but excluding Florida and Rhode Island, and excluding all US territories), Canada (excluding Quebec) or Mexico, who are at least 14 years of age as of their date of entry. Anyone under the age of 18 at the time of entry (a “Minor”) must also have the consent of one of his or her parents or a legal guardian, and a parent or other legal guardian must agree to the enforceability of these Official Rules. Employees of Sponsor, its affiliates, subsidiaries, and their immediate family members (parents, siblings, children and spouse) and/or others living in the same household of each, are not eligible to participate or win.
Potential winners are subject to verification of eligibility and identity per these Official Rules, which may include a background check and completion of any documentation required by Sponsor to complete such background check, the results of which must be completely satisfactory as determined by Sponsor in its sole discretion. Non-U.S. residents participating in the Final Challenge, which takes place in Los Angeles, California, must have a valid passport and/or visa to enter the United States. Additional eligibility requirements apply for Finalists, as described below.
Contest – Five Challenges
The contest involves five challenges. The first four challenges require submission of videos online, or via mail. The fifth and final challenge is an in-person contest in Los Angeles, California, the week of August 20, 2013, to create a professional look for a styling model.
The first challenge is open to all eligible entrants. Thirty eligible entrants will be selected during the first challenge and will be eligible to move on to the second challenge. The likelihood of being selected during the first challenge will depend on the number of entries received, the number of votes cast, and the judgment of the judges.
The number of eligible entrants will be reduced at each stage of the contest. Twenty eligible entrants from the second challenge will be selected to move on to the third challenge. Twelve eligible entrants from the third challenge will be selected to move on to the fourth challenge. Six eligible entrants will be selected from the fourth challenge to move on to the fifth and final round of the contest, to be conducted in Los Angeles, California.
Videos must be original to the entrant and must not infringe any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violate applicable laws. Each entrant represents and warrants that all permissions, if any are required, have been granted prior to submission of the entry. No licensed music, prominent trademarks, logos, company names or advertising of third parties are allowed unless expressly permitted by Sponsor for the second, third or fourth challenge, but may be added at the discretion of the Sponsor. Videos may not be offensive or defamatory, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any entries (in whole or in part) that Sponsor deems, in its sole discretion, to be obscene, defamatory, libelous, profane, discriminatory, violent, adult-oriented, sexually explicit, offensive, lewd, pornographic, false, misleading or deceptive, or that promote illegal behavior, involve tobacco, alcohol or drugs, involve dangerous stunts, involves weapons, or otherwise are inconsistent with its editorial standards, audience expectations, or reputational interests, or that Sponsor believes may violate any applicable law or regulation, or the rights of any third party.
Entry Period for the First Challenge
Entries for the First Challenge can be submitted from April 3, 2013 at 12:01 AM PDT to May 15, 2013 at 11:59 PM PDT. Entries received before or after the First Challenge entry period are void.
How to Enter the First Challenge
Qualified entrants shall submit a qualifying video (requirements specified above) that best exemplifies their talent as a Beauty Vlogger. The video can be a pre-existing video or one created specifically for this contest. Entries must be submitted online by filling out the entry form at www.nyxfaceawards.com/enter, or may be submitted by mail to NYX, Los Angeles Inc., 2230 S. Tubeway Ave., Commerce, CA 90040. Mailed submissions should include the name, phone number, and email address of the entrant, of a parent or legal guardian of any entrant who is under 18 years of age at the time of entry, and a statement that the entrant (and his or her parent or legal guardian, if the entrant is a Minor) agrees to the Official Rules. By entering this contest and agreeing to these Official Rules, each entrant represents and warrants that he or she is the person listed on the entry form and is the only person depicted in the submitted video.
All entrants consent to the use by Sponsor of the entries and information contained therein for marketing and/or sales promotional purposes without any attribution, identification, right of review or compensation, unless otherwise prohibited by law. Incomplete entries will not be eligible to win.
In the event that an entrant’s parent or legal guardian wishes to withdraw or refuse consent, such consent will be deemed to have been withdrawn or refused upon notification from the parent or legal guardian to Sponsor at 1.866.NYX.1004 or to firstname.lastname@example.org
First Challenge - Selection of 30 Eligible Entrants for Next Round
Of all eligible entrants, thirty (30) entrants will be selected by a panel of judges determined by Sponsor in its sole discretion to be able to move on to the next challenges in the contest. The following are the criteria that will be applied by the judges:
- 20% Creativity of the look
- 20% Presentation/Educational value of the tutorial
- 20% Artistry in makeup application
- 20% Quality of the video production
- 20% Influence within Youtube voters (via ‘likes’)
These 30 entries will be published on the contest Web page at www.nyxfaceawards.com on May 24, 2013, along with each entrant’s name and city. The 30 selected entrants will be notified by email or phone, using information provided on the entry form.
All decisions of the judges are final and binding. These 30 entrants selected after the first challenge must participate in three (3) more video challenges, as described below, for a chance to be one of six finalists participating in the final contest in Los Angeles, California.
Next Three Phases - Video Challenges Selected by Online Voting
The next three challenges each require submission of a video consistent with a surprise theme to be determined and announced by Sponsor online at www.nyxfaceawards.com web site at the opening of each challenge period. Entrants, or the parent or legal guardian of any entrant who is a Minor, confirm their agreement to these Official Rules by participating in each challenge. Videos may be submitted online at www.nyxfaceawards.com, or may be submitted by mail to NYX, Los Angeles Inc., 2230 S. Tubeway Ave., Commerce, CA 90040.
During the open online voting periods further described below, only three (3) votes per e-mail address and per person, each day (midnight to midnight PDT) are allowed. As described below, the entries with the most online votes will continue to the next challenge. In the event of a tie, panel of judges selected by Sponsor in its sole discretion will choose the entrant(s) to continue to the next challenge based on the following criteria: (1) creativity of the look (25 percent); (2) presentation, educational value of the tutorial (25 percent); (3) artistry in the makeup application (25 percent); and (4) quality of the video production (25 percent).
On May 24, 2013 at 12:01 PM PDT the second challenge, open only to the 30 entrants selected as described above, will be announced online at www.nyxfaceawards.com. The challenge will involve the submission of a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Voting will be conducted on the contest Web page. Online and mailed submissions must be received by June 7, 2013 at 11:59 PM PDT. Voting for the second challenge begins on June 7, 2013 at 12:01 AM PDT and ends June 12, 2013 at 11:59 PM PDT. The twenty (20) entrants with the highest vote totals will move on to the next round of the contest and will be notified by phone or email, using the contact information provided on the entry form, no later than midnight (PDT) on June 13, 2013.
On June 14, 2013 at 12:01 PM PDT the third challenge, open only to the 20 entrants selected as described above, will be announced online at www.nyxfaceawards.com. The challenge will involve the submission of a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Voting will be conducted on the contest Web page. Online and mailed submissions must be received by June 28, 2013 at 11:59 PM PDT. Voting for the third challenge begins on June 28, 2013 at 12:01 AM PDT and ends on July 3, 2013 at 11:59 PDT. The twelve (12) entrants with the highest vote totals will move on to the next round of the contest and will be notified by phone or email, using the contact information provided on the entry form, no later than midnight (PDT) on July 4, 2013.
On July 5, 2013 at12:01 PM PDT the fourth challenge, open only to the 12 entrants selected as described above, will be announced online at www.nyxfaceawards.com. The challenge will involve the submission of a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Voting will be conducted on the contest Web page. Online and mailed submissions must be received by July 19, 2013 at 11:59 PM PDT. Voting for the fourth challenge begins on July 19, 2013 at 12:01 AM PDT and ends July 24, 2013 at 11:59 PM PDT. The six (6) entrants (the “Finalists”) with the highest vote totals will move on to the fifth and final round of the contest.
Finalists, including one parent or guardian (with necessary travel documents) for each Finalist who is a Minor, will be flown to Los Angeles, California, during the week of August 20, 2013, as further described below, to put together a professional look that will be judged by a panel of judges at The NYX FACE Awards Live Event August 24, 2013. This activity will include styling a model, chosen at Sponsor’s sole discretion, with NYX cosmetics supplied by Sponsor.
The 6 Finalists will be notified by e-mail or phone, using the contact information provided on the entry form, on or about July26, 2013. If any Finalist does not acknowledge in writing his or her acceptance of the opportunity to participate in the final challenge in Los Angeles, California within seven (7) days after being notified that he or she is a Finalist or does not abide by the requirements of the Finalists specified in these Official Rules, the prize that such Finalist would otherwise have received, including the trip to Los Angeles, California, is irrevocably forfeited, and Sponsor may select another Finalist in Sponsor’s sole discretion. A Finalist who is a Minor will be notified via his or her parent or legal guardian.
Elimination and Disqualification
Any false information provided by any entrant concerning identity, mailing address, telephone number, e-mail address, or ownership of rights, or failure to comply with these Official Rules may result in the immediate elimination of the entrant from the contest. Sponsor reserves the right to disqualify any entrant that it believes in its sole discretion is in ineligible, for any reason, or to disqualify any entry that it believes in its sole discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates applicable laws. Sponsor reserves the right, at its sole discretion, to disqualify any entrant whose participation may, for any reason or perceived reason, subject the contest, Sponsor, or Sponsor’s advertisers, clients, or customers to controversy, negative publicity, liability, scorn, or ridicule. In the event of a disqualification and in its sole discretion, Sponsor may select another potential eligible entrant to participate in any of the challenges described in these Official Rules.
Additional Eligibility Requirements for all Finalists and Winners
All Finalists, and the parent or legal guardian of any Finalist who is a Minor, are required to verify identity by providing a copy of a government issued photo identification within seven (7) days of notification of being named a Finalist. Finalists, and the parent or legal guardian of any Finalist who is a Minor, must bring original government issued photo identification to the final challenge activities in Los Angeles, California, to verify identity before participating in the final challenge.
If a Finalist is unavailable to travel on the dates set forth in these Official Rules, or does not have the required legal documents to be able to travel to Los Angeles, California (such as a passport, visa or other travel documents), or otherwise does not satisfy U.S. Immigration Department requirements, the Finalist may be disqualified (in Sponsor’s sole discretion).
Parent or legal guardian of a Finalist who is a Minor will be required to execute an agreement acknowledging the enforceability of the Official Rules as a precondition to the selection of a Minor entrant as a Finalist.
Finalists (or, in the case of a Finalist who is a Minor, then his or her parent or legal guardian) will be required to execute and submit to Sponsor an Affidavit and Publicity/Liability Release within seven calendar days of the date they are advised of their selection as one of six Finalists or they may be disqualified. Each Finalist (or, if applicable, his or her parent or legal guardian) authorizes the use, without additional compensation, of the Finalist’s name and/or likeness and/or voice/photograph and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including, without limitation, radio broadcasts; newspapers and other publications; television or film releases; slides; videotape; distribution over the Internet; and picture date storage) Sponsor may deem appropriate. As a precondition to awarding of a prize to any Finalists, including the awarding of the trip to California, each Finalist (or, in the case of a Finalist who is a Minor, his or her parent or legal guardian) must:
- agree to the use of their name, image, likeness and persona in any print, Internet and television advertising, filming behind the scenes, and interviews; all such photographs, video footage and/or related material shall be the property of Sponsor;
- agree that Sponsor has the ultimate right to make the final determination on all aspects of the photo/video shoot, including the ultimate use (or non-use) of the images resulting from such shoot, such as the use in any advertising campaign;
- agree to participate in any press opportunities at dates and times to be agreed upon by all participants; and
- agree to such other provisions as Sponsor may reasonably require, in its sole discretion.
In the event that a Finalist fails to complete any of the aforementioned requirements, such Finalist may be disqualified, and an alternate Finalize may be selected, in Sponsor’s sole discretion.
Finalists’ Travel to Los Angeles, California
Finalists, including one parent or legal guardian of each Finalist who is a Minor, will be provided a paid five-night night stay in Los Angeles, California, including: coach, standard or economy-class round-trip airfareor other transportation (as selected by Sponsor) from a major airport near the Finalist’s home (airport and airline or other transportation selected by Sponsor in its sole discretion), one (1) standard room double occupancy hotel room at a hotel selected by Sponsor with a ranking of three or more stars (to be shared by Finalist and his or her parent or legal guardian for any Finalist who is a Minor), a $50 USD stipend per day for meals and beverages (for each Finalist and for the parent or legal guardian of any Finalist who is a Minor), reimbursement for ground transportation to and from the hotel and Los Angeles International airport for a maximum of $65 USD per one-way transport (to be shared by Finalist and his or her parent or legal guardian, if the Finalist is a Minor), and transportation to the event location(s), provided by Sponsor. All other expenses not specified above including, but not limited to, all other meals, beverages, gratuities, incidentals, taxes, other ground transportation, and baggage handling fees for bags in excess of one bag per Finalist (and the parent or guardian of a Finalist who is a Minor), are the sole responsibility of the each Finalist (Approximate Retail Value (“ARV”): $5,000 USD per person). Final actual value at time of booking and travel may be substantially more or less depending on point of origin and ticket availability. Finalists and the parent or legal guardian of any Finalist who is a Minor shall reasonably cooperate with Sponsor to arrange for the prompt booking of their travel arrangements. All airline or other travel tickets once booked cannot be changed unless Sponsor in its sole discretion consents. Any additional fees or penalties incurred as a consequence of any changes made to any travel arrangements after they are booked that are made at the request of a Finalist (or his or her parent or legal guardian) are the sole responsibility of such Finalist (or his or her parent or legal guardian) and shall be deducted from the aforementioned $50 stipend. All Finalists (and his or her parent or legal guardian, for any Finalist who is a Minor), are solely responsible for obtaining any necessary travel documents, including photo identification, visas and/or passports. Sponsor does not provide travel or other insurance.
Final Contest in Los Angeles, California – August 24, 2013
On August 24, 2013 the Finalists will meet with a professional team of models, stylists, and videographers to compile a vignette for the live show event described below. The vignette will consist of video footage shot by Sponsor of Finalist during Finalist’s preparation of the professional look described above and at other times during Finalist’s visit to Sponsor’s headquarters and/or showroom(s) from August 20, 2013 through August 24, 2013 at Sponsor’s sole discretion. The final event, consisting of a runway show conducted in Los Angeles, will take place August 24, 2013 from 5:00 to 7:00 PM PDT. Of those Finalists, the Grand Prize Winner and Runner-Up Winners will be selected by the panel of judges determined by Sponsor, in its sole discretion.
Judges will score the contestants based on the following categories:
- Composition – abstract thinking, unified presentation, balance and flow
- Technique – creative use of products and tools, exhibits finesse and style
- Innovation – thinks outside of the box, creates avant-garde looks, unique
- Kinetic – dynamic, spirited, fresh impact, strong personality
- Illuminative – articulate, well spoken, educative, good tutorials
Grand Prize Winner will receive the following:
- $25,000 USD
- $1,000 USD (MSRP) worth of NYX cosmetics products, as determined by Sponsor (ARV $1,000)
- Industry consultation with a corporate sponsor for the event to be selected by Sponsor. Date to be selected by Sponsor in consultation with Grand Prize Winner. Travel and accommodation expenses and arrangements to be handled and paid for by Grand Prize Winner. (ARV $500)
- One-on-one day of training with a makeup artist, arranged by NYX Cosmetics. Session to last between 1-8 hours, at Sponsor’s discretion. Date and location to be selected by Sponsor in consultation with Grand Prize Winner. Travel and accommodation expenses and arrangements, if any, to be determined and paid for by Sponsor, in its sole discretion, consistent with the travel accommodations described above for participation in the final challenge. (ARV $700, excluding travel and accommodations, if any are deemed necessary and provided by Sponsor)
- Product development session with NYX founder Toni Ko. Session to last between 1-8 hours. Discussion will revolve around new products and suggestions for development of an exclusive new product for NYX Cosmetics. Date and location to be selected by Sponsor in consultation with Grand Prize Winner. Travel and accommodation expenses and arrangements, if any, to be determined and paid for by Sponsor, in its sole discretion, consistent with the travel accommodations described above for participation in the final challenge. (ARV $500, excluding travel and accommodations, if any are deemed necessary and provided by Sponsor)
The five (5) remaining Finalists (“Runner-Up Winners”) will each receive $1,000 USD (MSRP) worth of NYX Cosmetics products, as determined by Sponsor.
Total ARV of all prizes is $32,700 (excluding travel and accommodations not yet determined).
Cash prize will be awarded by check and mailed to Grand Prize Winner'smailing address within seven business days of completion of the final challenge and confirmation of the identity of the Grand Prize Winner.
Sponsor reserves the right to substitute any prize or travel arrangements, or variations of any part of a prize of approximately equivalent value in its sole discretion. In the event that any Winner chooses to decline a part of a prize with Sponsor’s consent, said portion of the prize will be deemed void and no substitution (monetary or otherwise) will be given.
All taxes of any kind for all prizes, including value of trip(s) to California, are the responsibility of the Finalists/Winners. All Finalists/Winners are responsible for any expenses and arrangements that are not expressly provided for by Sponsor as stated in these Official Rules.
By participating in the contest, each entrant, Finalist, and any guardian or parent of any Finalist who is a Minor, waives any and all claims of liability against Sponsor, its agents, judges selected by Sponsor, entities assisting Sponsor with administration of the contest, and any of their employees and agents, their respective employees and independent contractors, for any personal injury or loss that may occur from the conduct of, or participation in, the contest, or from the use of any prize.
Sponsor is not responsible for incorrect, inaccurate or incomplete entry of information or for entries which are lost, late, delayed, misdirected, electronically garbled, damaged, incompletely received, otherwise defective or lost in cyberspace due to any reason, all of which will void the entry. Proof of sending will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right, in its sole discretion, to cancel or suspend this contest and award a prize from entries received up to the time of termination or suspension should a virus, bug or other causes beyond Sponsor’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the contest or proper submission of entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this contest. Sponsor is not liable for any lost or stolen entries, prizes or contest information.
All entries received that are mutilated, tampered with, illegible, or from ineligible entrants will be void.
The conduct of the contest is governed by the applicable laws of the Unites States of America and State of California, which take precedence over any rule to the contrary herein.
By participating in the contest, entrants agree to be bound by the decisions of Sponsor. Sponsor reserves the right to disqualify any entrant, Finalist or Winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the contest, or obtained winner status using fraudulent means. Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the Official Rules or the contest, and Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest is affected by human error, any mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, intentional interference or any event beyond Sponsor’s control, Sponsor reserves the right to terminate this contest, or make such other decisions regarding the outcome as Sponsor deems appropriate. All decisions will be made by Sponsor and are final. Sponsor may waive any of these rules in its sole discretion.
Sponsor reserves the right to withdraw or terminate this contest at any time without prior notice.
Grant of Rights to Sponsor
By submitting any entry, entrants thereby grant to Sponsor and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual, non-exclusive and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted work or entry and any entrant’s name, image, and likeness or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose, and waives any moral rights with respect to any submitted work or entry. In addition to other things, the rights granted to Sponsor include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted work.
Entrants acknowledge and agree that Sponsor shall have no obligation to post, display or otherwise make publicly available any work submitted by the entrant, and may, in its sole and unfettered discretion, remove, edit, modify or delete any work that the entrant submits.
WAIVER OF LIABILITY AND AGREEMENT TO INDEMNIFY
BY SUBMITTING ANY ENTRY, EACH ENTRANT AND ANY MINOR ENTRANT’S GUARDIAN (IF APPLICABLE), HIS, HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS (“ENTRANT”) THEREBY RELEASES, FOREVER DISCHARGES AND COVENANTS NOT TO MAKE A CLAIM AGAINST OR SUE THE FACE AWARDS CONTEST, SPONSOR AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (“THE FACE AWARDS CONTEST”), OF AND FROM ALL MANNER OF ACTION OR ACTIONS, CAUSE OR CAUSES OF ACTION, AT LAW OR IN EQUITY, SUITS, CLAIMS, DEMANDS, LIABILITY, LOSS, COST OR EXPENSE, OF ANY NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, WHICH ENTRANT MAY HAVE OR HEREAFTER HAVE AGAINST THE FACE AWARDS CONTEST BY REASON OF ANY INJURIES OR DAMAGES ENTRANT MAY SUSTAIN, WHETHER TO ENTRANT’S PERSON, PROPERTY, REPUTATION, OR OTHERWISE, AS A RESULT OF, INCIDENT TO, OR RELATED IN ANY WAY TO THE ENTRY, THE CONTEST, OR THE USE, INCORPORATION OR EXPLOITATION OF THE ENTRY FOR ANY PURPOSE DESCRIBED HEREIN. ENTRANTS WAIVE AND FOREGO THE RIGHT TO SEEK INJUNCTIVE RELIEF AGAINST ANYONE RELATING IN ANY WAY TO THE ENTRY, THE CONTEST, OR THE USE, INCORPORATION, OR EXPLOITATION OF THE MATERIALS FOR ANY PURPOSE DESCRIBED HEREIN. ENTRANT AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND THE FACE AWARDS CONTEST FROM AND AGAINST ANY LIABILITIES, LOSSES, CLAIMS, DEMANDS, COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) AND EXPENSES ARISING IN CONNECTION WITH ANY BREACH OR ALLEGED BREACH.
EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT WITHIN THE STATE OF CALIFORNIA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA.
Copies of Contest Results and Official Rules
To obtain the identity of the Winners and each Winner’s home country, and/or a copy of these Official Rules, send a self-addressed stamped envelope to Tonie Shin, NYX Los Angeles, INC. 2230 S. Tubeway Ave., Commerce, CA 90040. The listing of Winners will be available until December 31, 2013.