Rules & Regulations
The FACE Fine Artistry of Cosmetics Elites Awards Contest
The NYX The Face Fine Artistry of Cosmetics Elites Awards Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia, Canada (excluding Quebec) who are at least 14 years of age at date of entry. Anyone under the age of majority in their state, province or territory of residence (eighteen (18) in most states and provinces, nineteen (19) in Alabama, Nebraska, British Colombia, Nova Scotia, New Brunswick and Newfoundland, and twenty-one (21) in Mississippi) at the time of entry must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these Official Rules. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related of NYX Cosmetics ("Sponsor"), Taylor and Pond ("Agency") and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this Contest. Contest is subject to all applicable federal, state, province, territory and local laws.
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.
NYX Cosmetics, Luxe Division of L'Oreal USA, 2230 S. Tubeway Avenue, Commerce CA 90040.
3. Agreement to Official Rules:
Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein, including Sponsor's approval of the results of a background check.
The Contest begins on April 10, 2015 12:00 AM Pacific Time ("PT"), ends on July 31, 2015 at 11:59 PM PT (the "Contest Period"), and consists of five (5) phases as set forth in the chart below.
5. Entry Chart:
|Phase||Start Date (at 12:00 AM PT)||End Date (at 11:59 PM PT)|
|Entry Submission||April 10, 2015||May 8, 2015|
|Video Challenge # 1||May 15, 2015||May 28, 2015|
|Voting Phase Video Challenge #1||May 29, 2015||June 5, 2015|
|Video Challenge #2||June 12, 2015||June 25, 2015|
|Voting Phase Video Challenge #2||June 26, 2015||July 3, 2015|
|Video Challenge #3||July 10, 2015||July 23, 2015|
|Voting Phase Video Challenge #3||July 24, 2015||July 31, 2015|
|Final Judging||August 13, 2015||August 22, 2015|
YouTube LLC's computer is the official time-keeping device for the Contest.
6. How to Enter:
During the Entry Phase, visit www.nyxfaceawards.com/enter and follow the links and instructions to complete and submit the registration form, including your name, phone number, valid email address, and a valid home address. Then, watch the guideline video and follow the directions to create and upload a video that best exemplifies your talent as a Beauty Vlogger. The video can be a pre-existing video or one created specifically for this contest. Your video may not exceed fifteen (15) minutes. You may make up your own face or use a model; if you use a model, your model must be at least eighteen (18) years of age. You may use any cosmetic products you would like; however brand names and logos of products other than the Sponsor's must not be displayed in your video. Your use of or reference to Sponsor's products will not positively impact the Winner Determination process described below in Section 7.
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. If entrant is under the age of majority in his/her state, province or territory, parent or legal guardian must agree to the Official Rules.
By submitting a Contest Entry, entrant hereby grants permission for the Contest Entry to be posted on www.nyxcosmetics.com or other NYX branded websites or social platforms. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Contest Entries by third parties. Released Parties do not guarantee the posting of any Contest Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Contest Entry to any online social networks, without the express consent of Sponsor in each instance.
By uploading your video (herein referred to as your Entry), you agree that it conforms to the Video Guidelines and Content Restrictions defined below and that Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Contest if it believes that your Entry fails to conform to the Video Guidelines and Content Restrictions.
Video Guidelines (for initial Entry and subsequent challenges, except*):
- The Entry must be in formats that YouTube guidelines: avi, flv, mov, mp4, mpeg4, mpegps, 3gpp, webM,or wmv format;
- Entry must meet YouTube's Terms of Service at http://www.youtube.com/static?gl=US&template=terms and its Community Guidelines at http://www.youtube.com/t/community_guidelines;
Content Restrictions (for initial Entry and subsequent challenges, except*):
- Entrant may not make any claims or beliefs (positive or negative) about any product or its performance;
- Entrant may not make any statement about a brand other than Sponsor's (including mere reference of its use);
- Product logos and brand names other than Sponsor's may not be displayed;
- Entrant must have permission from model used (if any) to agree to use his/her likeness and/or name in the Entry and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
- The Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Entry must not disparage Sponsor or any other person or party;
- The Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Entry in this Contest;
- *The Entry may only contain music provided by Sponsor (for subsequent challenges only, not initial entry);
- The Entry must not contain any content not created by entrant;
- The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state, province, territory or Country where Entry is created.
Entries must be the original work of the entrant, may not have been previously published (with the exception of the Submission Entry), may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the Entry and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.
Limit: Each entrant may upload one (1) Entry for each Phase (Submission, Video Challenge #1, Video Challenge #2, and Video Challenge #3.) Entries received from any person, email address or YouTube account in excess of the stated limit will be void. Entries generated by script, macro or other automated means are void.
Ownership of Entries: Uploading am Entry constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void.
In the event of a dispute as to any Entry, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
7. Winner Determination:
Winners will be determined by the following process: First, the Sponsor will select the top thirty (30) Entries based on objective judging criteria listed below. Then, the Semi-Finalists' must participate in three (3) additional video challenges as described below for a chance to be one of six finalists in the Final Judging Phase to select the potential Grand Prize winner based on the judging criteria. The full process is described below.
a. Initial Judging Phase: During the Initial Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will score all eligible Entries based on the following Judging Criteria:
- 25% Creativity of the look;
- 25% Presentation/Educational value of the tutorial;
- 25% Artistry in makeup application;
- 25% Quality of the video production;
These thirty (30) entries will be published on the contest Web page at www.nyxfaceawards.com on May 29, 2015, 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.
The thirty (30) entrants with the highest scores will be deemed Semi-Finalists. In the event of a tie, the entrant whose Entry received the highest score for "creativity of the look" as determined by the qualified judges, in their sole discretion, will be deemed the applicable Semi-Finalist. Sponsor reserves the right to select fewer than thirty (30) Semi-Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
b. Video Challenges: The thirty (30) entrants selected after the first challenge must be prepared to participate in three (3) additional video challenges, as described below, for a chance to be one of six (6) finalists participating in the final contest in Los Angeles, California.
After each Video Challenge, there will be a public voting period. The videos with the most votes as follows will proceed to the next challenge. After voting period for Video Challenge #1, the number of entrants will be reduced to twenty (20) entrants; after voting period for Video Challenge #2, the number of entrants will be reduced to twelve (12) entrants; after voting period for Video Challenge #3, the number of entrants will be reduced to six (6) entrants. The final six (6) entrants will be judged based on the criteria listed below to determine the six (6) Semi- Finalists.
Each video challenges requires Entrant to submit a video consistent with a surprise theme to be determined and announced by Sponsor online at www.nyxfaceawards.com at the opening of each challenge period.
During the Public Voting Phases, as noted in the dates/times in the Entry Chart above, Semi-Finalists' Entries will be posted for public voting at www.nyxfaceawards.com. Public to vote for the Entry they believe is the best. Limit: three (3) votes per e-mail address and per person, each day (midnight to midnight PT) as noted in the dates/times in the Entry Chart above. As described below, the entries with the most online votes will continue to the next challenge. At the conclusion of Public Voting for Video Challenge #3, the six (6) Semi-Finalists whose Entries receive the most votes will be deemed the Finalists. In the event of a tie, the Semi-Finalist who received his/her final vote first will be the applicable Finalist.
Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Semi-Finalist or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the entrant's Entry and entrant may be disqualified as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to revise the vote counts should the voting as a whole appear to have been tampered with or manipulated in significant way.
Video Challenge #1: Per the dates/times listed in the Entry Chart above, the thirty (30) entrants must submit a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Submissions must be received by May 28, 2015 at 11:59 PM PT. Public voting per the dates and times noted in the Entry Chart above, will be conducted at www.nyxfaceawards.com. The top twenty (20) entries with the most votes proceed to Video Challenge #2.
Video Challenge #2: Per the dates/times listed in the Entry Chart above, the twenty (20) entrants must submit a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Submissions must be received by June 25, 2015 at 11:59 PM PT. Public voting per the dates and times noted in the Entry Chart above, will be conducted at www.nyxfaceawards.com. The top twelve (12) entries with the most votes proceed to Video Challenge #3.
Video Challenge #3: Per the dates/times listed in the Entry Chart above, the twelve (12) entrants must submit a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Submissions must be received by July 31, 2015 at 11:59 PM PT. Public voting per the dates and times noted in the Entry Chart above, will be conducted at www.nyxfaceawards.com. The top six (6) entries with the most votes will be deemed the potential Finalists.
c. Final Judging Phase: During the Final Judging Phase, the six (6) entrants (the "Finalists") with the highest vote totals from Video Challenge #3, will be flown to Los Angeles, California, during the week of August 13, 2015, to put together a professional look which a panel of qualified judges determined by Sponsor in its sole discretion will review and score at the NYX Face Awards Live Event on August 22, 2015 This activity will include styling a model, chosen at the Sponsor's sole discretion, with NYX cosmetics supplied by Sponsor. The Finalist with the highest-scoring Entry will be deemed the potential Grand Prize winner. Sponsor reserves the right to not select a Grand Prize winner or five (5) First Prize winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
8. Finalist Notification:
Potential Finalists will be notified by email or phone on or after August 3, 2015 using contact information provided on the entry form. The potential Finalists will be required to sign and return an Affidavit of Eligibility and Release and where not prohibited Publicity Release, including agreement for Sponsor to perform a background check, which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. The potential Finalists will be confirmed upon Sponsor's satisfaction with and approval of the results of the background check. If a potential Finalist cannot be contacted, fails to execute and return the Affidavit of Eligibility and Release and Publicity Release or provide any other requested information within the required time period (as applicable), does not comply with these Official Rules, or notification is returned as undeliverable, potential Finalists forfeits the prize. If a potential Finalist is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the Finalists' name, city, state or province, territory, likeness, Entry and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. A Finalist who is a Minor will be notified via his or her parent or legal guardian.
9. Final Judging Phase:
a. 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 airfare or 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.
b. Final Contest in Los Angeles, California: August 13, 2015 – August 22, 2015. During the week of August 13, 2014 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 or 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 13, 2015 through August 21, 2015 at Sponsor's sole discretion. The final event, consisting of a runway show conducted in Los Angeles, will take place on August 22, 2015. 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 based on the following criteria:
25% Creativity of the look
25% Presentation/Educational value of the tutorial
25% Artistry in makeup application
25% Quality of the video production
10. Prizes: ONE (1) GRAND PRIZE:
$25,000 US Dollars ("USD"). Approximate Retail Value ("ARV"): $25,000; $1,000 "USD" worth of NYX cosmetic 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; Total "ARV" of Grand Prize: Total ARV of Grand Prize, $26,500. FIRST PRIZE: FIVE (5) FIRST PRIZES: $10,000 "USD". "ARV" $10,000; a selection of NYX cosmetic product, as determined by Sponsor, "ARV" $1,000 and. Total "ARV" of all First Prizes, $11,000. Total "ARV" of all First Prizes, $55,000 "ARV". Total ARV of all prizes: $81,500 "ARV"
For All Prizes:
Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Actual value of may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Trip must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves right to change dates. Travel must be made through Sponsor's agent, on a carrier of Sponsor's choice. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state, province or territory and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor's sole discretion.
By receipt of any prize, winners agree to release and hold harmless the Sponsor, YouTube LLC, Taylor and Pond and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize, the incorrect uploading of the photo or in any Contest-related materials. 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 Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or Entry of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR 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.
Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
14. Use of Data:
15. Request for Winners' List:
For a list of winners (available after September 15, 2015), send a self-addressed, stamped, envelope by March 15, 2016 to: NYX The Face Fine Artistry of Cosmetics Elites Awards Contest, 2230 S. Tubeway Avenue, Commerce CA 90040