“FROM EH TO LA” CONTEST FORM NYX COSMETICS CANADA OFFICIAL RULES

1. The “From EH to LA” contest is sponsored by NYX PROFESSIONAL MAKEUP CANADA (hereinafter contest sponsors). The contest is open in all of Canada and starts on June 16th, 2017 at 9:00 AM and closes on or about August 1st, 2017, at 12:00 AM (ET).

Eligibility.

1.

2. The contest is open to residents of Canada who have reached the age of majority in their province of residence and who are following @nyxcosmetics_canada on Instagram. Employees, representatives and agents of the contest sponsors, their respective advertising and promotional agencies, affiliated and related companies, and members of the immediate family (parents, children, siblings and spouse, regardless of where they live) and household of such employees are not eligible. 

How to Enter.

3. STAGE 1 (SELECTION OF 20 SEMI-FINALISTS): ALL CONTESTANTS SHALL FOLLOW @NYXCOSMETICS_CANADA ON INSTAGRAM AND SUBMIT A PHOTO OF THEMSELVES ON THEIR INSTAGRAM PAGE, USING THE THEME “INNER MAKEUP JUNKIE”, USING ANY BRANDED PRODUCT. TO SUBMIT THE PHOTO, CONTESTANTS SHOULD INCLUDE THE HASHTAG #FROMEHTOLA AND #NYXCOSMETICSCANADA IN THEIR SUBMISSION.

STAGE 2 (SELECTION OF 10 FINALISTS): THE 20 SEMI-FINALISTS WILL BE CHOSEN BY A PANEL OF JUDGES AT THE NYX PROFESSIONAL MAKEUP CANADA HEAD OFFICE, AND RECEIVE NYX PROFESSIONAL MAKEUP PRODUCTS TO COMPLETE THE SECOND STAGE. THE 20 SEMI-FINALISTS SHALL SUBMIT A 60 SECOND VIDEO TUTORIAL TO THE @NYXCOSMETICS_CANADAINSTAGRAM ACCOUNT, USING ‘THE CHALLENGE 2 THEME’ LOOK, AND INCLUDING THE HASHTAG #FROMEHTOLA AND #NYXCOSMETICSCANADA IN THEIR SUBMISSION. THE TOP 20 WILL BE RESPONSIBLE TO DIRECT THEIR FANS TO FOLLOW @NYXCOSMETICS_CANADA AND. COMMENT THE WORD `LIKE’ ON THEIR PICTURE ON THE @NYXCOSMETICS_CANADA INSTAGRAM ACCOUNT. VOTES WILL NOT BE COUNTED UNLESS THE VOTER IS FOLLOWING @NYXCOSMETICS_CANADA. THE TOP 10 FINALISTS WILL BE CHOSEN BY THE NYX PROFESSIONAL MAKEUP CANADA PANEL OF JUDGES, WHO WILL TAKE THE PARTICIPANTS' POPULARITY INTO CONSIDERATION (MEASURED BY THE NUMBER OF COMMENTED "LIKES" PER PHOTO ON THE @NYXCOSMETICS_CANADA INSTAGRAM PAGE).

STAGE 3 (SELECTION OF 2 WINNERS): THE 10 FINALISTS WILL THEN HAVE TO CREATE A 10 MINUTE YOUTUBE TUTORIAL VIDEO USING THE ‘CHALLENGE 3 THEME” TO BE HOSTED ON THE @NYXCOSMETICS_CANADA YOUTUBE ACCOUNT, USING THE HASHTAG #FROMEHTOLA AND #NYXCOSMETICS_CANADA. THE TOP 10 FINALISTS WILL BE RESPONSIBLE TO DIRECT THEIR FANS TO FOLLOW @NYXCOSMETICS_CANADA AND LIKE THEIR VIDEO ON THE @NYXCOSMETICS_CANADA YOUTUBE ACCOUNT. VOTES WILL NOT BE COUNTED UNLESS THE VOTER IS FOLLOWING @NYXCOSMETICS_CANADA. THE WINNER WILL BE CHOSEN BY THE NYX PROFESSIONAL MAKEUP CANADA PANEL OF JUDGES, WHO WILL TAKE THE PARTICIPANTS' POPULARITY INTO CONSIDERATION (MEASURED BY THE NUMBER OF "LIKES" PER VIDEO ON THE @NYXCOSMETICS_CANADA YOUTUBE PAGE).nbsp;

4. UGC can be in English or French.

5. By entering, all Entries become the property of Sponsor and will not be acknowledged or returned.

6. BY SUBMITTING AN ENTRY, YOU AGREE THAT YOUR ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY AND THE SPONSOR SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

7. UGC must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; any off-label use, or material that contains any derogatory references to any Contest Entities; or any third parties.

8. UGC must not contain any inappropriate (in the sole discretion of Sponsor) clothing or adornment.

9. UGC must not contain any references to or depictions of use of the product other than as specifically set forth on the product packaging.

10. UGC must not contain the last name, phone number(s), address, or email address of any person, including the entrant.

11. UGC must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation.

12. UGC must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers of any individual or entity participating in or otherwise associated with the Contest.

13. UGC and lyrics must be entirely original to the entrant and must NOT include mention of any famous or notable entity or person(s) whether living or deceased or performance of any copyrighted media production including but not limited to music (other than the Tracks provided on the Website by Sponsor (the “Sponsor Materials”), films, books, television programming, etc., or identifying descriptions of any media property.

14. UGC must NOT have been previously submitted to another contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion.

15. UGC must NOT include third party names, brand names, trademarks, logos, insignia, location signage, photographs, artwork, or sculpture, except for those belonging to Sponsor.

16.UGC must comply with Instagram terms of use and the Instagram Community Guidelines.

17. LIMIT OF ONE (1) ENTRY PER PERSON OR BY CIVIC ADDRESS OR BY E-MAIL. SPONSOR WILL VOID ALL DUPLICATE ENTRIES. IF DECLARED A WINNER, ENTRANT MAY NOT RE-ENTER THE CONTEST OTHERWISE THIS WILL RESULT IN IMMEDIATE DISQUALIFICATION.

NO PURCHASE NECESSARY.

PRIZES

Grand Prize

THERE IS ONE TRIP TO WIN, TO FLY TO LOS ANGELES, CALIFORNIA, AND ATTEND THE NYX PROFESSIONAL MAKEUP FACEAWARDS, AS WELL AS MEET OTHER BEAUTY BLOGGERS AND VLOGGERS FROM AROUND THE WORLD THROUGH GROUP ACTIVITIES, FOR AN APPROXIMATE RETAIL VALUE OF $4,000 CAD. TRIP INCLUDES:

  • A) ROUND TRIP ECONOMY AIR TRANSPORTATION FOR THE WINNER, FROM THE AIRPORT NEAREST TO THE WINNER’S PLACE OF RESIDENCE AND THE AIRPORT NEAR THE LOCATION OF THE HOTEL;
  • B) TRANSPORTATION FROM AIRPORT TO HOTEL AT TIME OF ARRIVAL AND DEPARTURE;
  • C) LUXURY ACCOMMODATION AT A HOTEL IN LOS ANGELES, CALIFORNIA FOR APPROXIMATELY 5 NIGHTS.
THE ACTIVITIES DETAILS ARE AT THE DISCRETION OF THE CONTEST SPONSOR.

20. THE FOLLOWING CONDITIONS APPLY:

  • a.Winners will be responsible for all expenses not specifically described above as included in the Prize, insurance, tips, and any other personal expenses, taxes, surcharges and issuance or other fees;
  • b.Trip must be completed before August 19th, 2017, otherwise might be void; Some restriction may be applied as to the choice of dates and choice of dates is subject to availability and value of the price for such a period and any other restrictions that may apply in such time. The final decision of the travel dates are decided by the Sponsor. The prize Winner must travel within prescribe timeline, or the trip can be cancelled with no compensation;
  • c.If the winner does not want to participate to one of the event/activities, no compensation will be provided;
  • d.Winner must have valid documents for travel to Los Angeles, California. The Prize will be forfeited if: a) the proper travel documents are unattainable for any reason within the time required by Sponsor; b) winner is unable or unwilling to travel on the dates required; c) the winner does not have the right, at the time of being selected in the draw and at the time of the trip, to re-enter Canada after leaving the country; or d) if any immigration complications arise which prevent a winner from entering the United States. In the latter event, the winner, as the case may be, will be solely responsible for arranging and paying for travel back to the point of origin. Any prize forfeited may, at Sponsor’s option, be awarded to an alternate entrant;
  • e.Approximate value of trip is based on an average value which considers airfare, accommodations, which can vary depending on point of departure, availability in regards to accommodations. If actual value of prize proves to be lower than the approximate stated value, sponsors will not offer compensation to cover the difference.

SELECTION OF WINNERS

. THERE ARE 3 STAGES TO SELECT THE GRAND PRIZE WINNER

STAGE 1 (SELECTION OF 20 SEMI-FINALISTS): ON OR ABOUT JUNE 26TH, 2017, A NYX PROFESSIONAL MAKEUP CANADA PANEL OF JUDGES WILL SELECT 20 SEMI-FINALISTS FROM THE POOL OF ALL ELIGIBLE ENTRIES RECEIVED. THE NYX PROFESSIONAL MAKEUP CANADA TEAM WILL GET IN CONTACT WITH THE 20 SEMI-FINALISTS TO INSURE THAT THEY ARE ELIGIBLE TO ENTER THE CONTEST AND TO SEND THEM NYX PROFESSIONAL MAKEUP CANADA PRODUCTS TO COMPLETE THE SECOND STAGE. : STAGE 2 (SELECTION OF 10 FINALISTS): ): ON OR ABOUT JULY 18TH, 2017, THE NYX PROFESSIONAL MAKEUP CANADA PANEL OF JUDGES WILL SELECT 10 FINALISTS FROM THE POOL OF 20 SEMI-FINALISTS. THEY WILL TAKE INTO CONSIDERATION THE NUMBER OF COMMENTED ‘LIKES’ THE CONTESTANTS RECEIVE IN THE COMMENT SECTION OF THEIR PHOTOS ON THE @NYXCOSMETICS_CANADA INSTAGRAM PAGE. : STAGE 3 (SELECTION OF 1 WINNER): ): THE WINNER WILL BE CHOSEN BY THE NYX PROFESSIONAL MAKEUP CANADA PANEL OF JUDGES, WHO WILL TAKE THE PARTICIPANTS' POPULARITY INTO CONSIDERATION (MEASURED BY THE NUMBER OF LIKES THE VIDEOS RECEIVE ON THE @NYXCOSMETICS_CANADA YOUTUBE CHANNEL). THE @NYXCOSMETICS_CANADA FANS WILL HAVE UNTIL JULY 31ST, 2017 TO VOTE FOR THEIR FAVORITE TUTORIAL VIDEO. WINNER WILL BE ANNOUNCED ON OR AROUND AUGUST 4TH.

4 CRITERIA WILL BE LOOKED AT BY THE NYX PROFESSIONAL MAKEUP CANADA PANEL OF JUDGES WHEN SELECTING THE 20 SEMI-FINALISTS AND THE 10 FINALISTS:
  • 1.25% on creativity of approach to challenge on visual and/or video submitted
  • 2.25% on post-production editing of visual and/or video submitted
  • 3.25% on maximizing product use in creating visual and/or video submitted
  • 4.25% on integration of personal style and character on visual and/or video submitted THE ODDS OF WINNING A PRIZE WILL DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED BEFORE THE CONTEST CLOSES.

PRIZE CLAIM

24. IN ORDER TO BE DECLARED A WINNER AND BE ABLE TO CLAIM PRIZE, EACH PERSON WHICH WILL HAVE TO:

  • A) BE REACHED BY TELEPHONE OR E-MAIL BY THE CONTEST SPONSORS WITHIN FIVE (5) DAYS FOLLOWING THE SELECTION OF THE WINNERS;
  • B) CORRECTLY ANSWER, WITHOUT ASSISTANCE OF ANY KIND, WHETHER MECHANICAL OR OTHERWISE, A TIME-LIMITED MATHEMATICAL SKILL-TESTING QUESTION TO BE ADMINISTERED BY PHONE, E-MAIL OR ON THE BALLOT.

IN THE EVENT THAT ANY ONE OF THE CONDITIONS MENTIONED HEREIN IS NOT RESPECTED, THE SELECTED PARTICIPANT’S ENTRY WILL BE VOID AND A NEW DRAW WILL BE CONDUCTED FOLLOWING THE OFFICIAL CONTEST RULES UNTIL A NEW WINNER IS SELECTED.

25. WINNER WILL BE ASKED TO FILL OUT AND SIGN A DECLARATION & RELEASE FORM AND RETURN IT TO CONTEST SPONSORS, TO THE SPECIFIED ADDRESS, WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF THE DOCUMENT.

26. UPON RECEPTION OF THE DECLARATION & RELEASE FORM DULY FILLED AND SIGNED BY CHOSEN PARTICIPANT, SPONSORS WILL EITHER DIRECTLY SEND THE PRIZE TO THE ADDRESS PROVIDED ON FORM OR, SPONSORS WILL MAIL INSTRUCTIONS TO CHOSEN PARTICIPANT WITH INSTRUCTIONS ON HOW TO CLAIM PRIZE.

IN THE CASE OF A DIRECT DELIVERY TO WINNER’S ADDRESS, A 4 TO 6 WEEKS DELAY FOLLOWING RECEPTION OF THE DECLARATION & RELEASE FORM APPLIES.

GENERAL TERMS AND CONDITIONS.

27. ALL INFORMATION PROVIDED BY PARTICIPANT MUST BE COMPLETE AND ACCURATE. SPONSORS WILL NOT BE HELD RESPONSIBLE FOR ANY AND ALL TELEPHONE PROBLEMS, UNCLEAR VOICE MAIL MESSAGES, A LATE / INCOMPLETE / ERRONEOUSLY SENT PRIZE CLAIM. FOR ANY AND ALL INCOMPLETE, DISTORTED, LATE AND REPRODUCED ENTRY BALLOT, WHICH WILL BE ANNULLED AND WILL VOID ELIGIBILITY FOR PRIZE CLAIM.

28.CONTEST SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL FROM THE CONTEST AND TO BAN THE INDIVIDUAL FROM ANY FUTURE CONTEST OF THE SPONSOR THAT IT FINDS OR BELIEVES TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR CONTEST WEBSITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON.

29. IF IT IS DISCOVERED THAT ATTEMPTS WERE MADE BY A REGISTERED ENTRANT (OR ANY INDIVIDUAL PURPORTING TO BE A REGISTERED ENTRANT) TO: (I) ENTER/VOTE MORE THAN ONCE PER REGISTERED ENTRANT PER DAY DURING THE CONTEST PERIOD. (II) USE ANY AUTOMATED, SCRIPT, MACRO OR ROBOTIC PROGRAM(S) TO ENTER/VOTE (III) ENGAGE IN SYSTEMATIC ENTERING/VOTING IN THE SAME DAY FROM THE SAME COMPUTER/IP ADDRESS (INCLUDING BUT NOT LIMITED TO THE CREATION OF FALSE EMAIL ADDRESSES OR SOCIAL MEDIA ACCOUNTS); THEN IT MAY RESULT IN THE DISQUALIFICATION, IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR, EVEN IF THE ENTRANT WAS DECLARED A WINNER.

30. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

31. PRIZE MUST BE ACCEPTED AS AWARDED. NO SUBSTITUTION OF PRIZES IS PERMITTED EXCEPT BY SPONSOR IN ITS SOLE DISCRETION. SPONSOR RESERVES THE RIGHT TO SUBSTITUTE ANY PRIZE WITH ANOTHER PRIZE OF EQUAL OR GREATER VALUE, IF A PRIZE CANNOT BE AWARDED AS DESCRIBED FOR ANY REASON. PRIZES ARE NON-TRANSFERABLE AND ARE NOT REDEEMABLE FOR CASH OR CREDIT, IN WHOLE OR IN PART.

32. ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND BY ALL DECISIONS OF THE SPONSOR, WHICH ARE FINAL IN ALL MATTERS PERTAINING TO THE CONTEST. CONTEST IS SUBJECT TO ALL APPLICABLE LAWS. BY ENTERING/VOTING, PARTICIPANTS RELEASE AND HOLD HARMLESS SPONSORS, ITS AFFILIATED AND RELATED COMPANIES AND ADVERTISING, PROMOTION AGENCIES AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE CONTEST OR ANY PRIZE WON. WINNERS WILL BE REQUIRED TO SIGN AND RETURN, WITHIN THE TIME PERIOD INDICATED ON THE DOCUMENTS, A DECLARATION OF COMPLIANCE WITH CONTEST RULES AND A FULL LIABILITY AND PUBLICITY RELEASE AND/OR ANY OTHER DOCUMENT.

33. BY ENTERING, YOU CONSENT TO SPONSOR’S USE, SHOULD YOU BECOME A WINNER, OF YOUR NAME, PLACE OF RESIDENCE AND PHOTOGRAPH OR OTHER LIKENESS, AND YOUR TESTIMONY WITHOUT FURTHER COMPENSATION OR NOTICE, FOR PUBLICITY, ADVERTISING OR INFORMATIONAL PURPOSES IN ANY MEDIA OR FORMAT (INCLUDING THE INTERNET) IN CONNECTION WITH THE PRODUCTS, THIS CONTEST, OR FUTURE SIMILAR CONTESTS. BY ENTERING, YOU DECLARE THAT YOU HAVE COMPLIED WITH THE CONTEST RULES.

34. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED TO ENTRANTS. IF A SELECTED ENTRANT’S ENTRY IS AN INTERNET ENTRY, THE SELECTED ENTRANT MAY BE REQUIRED TO PROVIDE SPONSOR WITH PROOF THAT THE SELECTED ENTRANT IS THE AUTHORIZED ACCOUNT HOLDER OF THE E-MAIL ADDRESS ASSOCIATED WITH THE SELECTED ENTRY.

35. A LIST OF WINNERS WILL BE AVAILABLE FROM AUGUST 6TH, 2017 ONWARDS ON THE OFFICIAL @NYXCOSMETICS_CANADA INSTAGRAM ACCOUNT AT THE FOLLOWING ADDRESS: HTTPS://INSTAGRAM.COM/NYXCOSMETICS_CANADA.

36. FOR THE PURPOSE OF THE PRESENT CONTEST, THE PARTICIPANT IS CONSIDERED TO BE THE PERSON WHOSE COORDINATES APPEAR ON THE CONTEST ENTRY FORM OR BALLOT. IT IS THIS PERSON WHOM WILL BE ASKED TO ANSWER THE MATHEMATICAL SKILL-TESTING QUESTION. IT IS ALSO THE PERSON TO WHOM THE PRIZE WILL BE AWARDED IF ALL CONTEST CONDITIONS ARE MET. SPONSORS RESERVE THE RIGHT TO REQUEST A PIECE OF I.D. PRIOR TO PRIZE REMITTANCE.

LIMITATIONS OF LIABILITY

37. WITHOUT LIMITING THE RELEASE, AND FOR GREATER CERTAINTY, THE CONTEST ENTITIES WILL NOT BE LIABLE FOR: A) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY CONTEST WEBSITE USERS OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF ENTRIES IN THE CONTEST; B) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION OF THE CONTEST WEBSITE OR ANY TRANSMISSION IN CONNECTION WITH THE CONTEST; C) ANY COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES; D) ANY PROBLEMS WITH, OR TECHNICAL MALFUNCTION OF, ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF E-MAIL WHICH MAY OCCUR FOR ANY REASON WHATSOEVER, INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF; OR E) ANY INJURY OR DAMAGE TO PARTICIPANTS’ OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN THIS CONTEST. IF THE CONTEST IS NOT CAPABLE OF RUNNING AS PLANNED FOR ANY REASON, INCLUDING INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES BEYOND THE REASONABLE CONTROL OF THE CONTEST ENTITIES WHICH CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY OR PROPER CONDUCT OF THIS CONTEST, SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO, WITHOUT ADVANCE NOTICE, TERMINATE OR SUSPEND THE CONTEST, IN WHOLE OR IN PART, OR MODIFY IT IN ANY WAY, SUBJECT TO THE APPROVAL OF THE RÉGIE DES ALCOOLS, DES COURSES ET DES JEUX IN RESPECT OF RESIDENTS OF QUEBEC.

38. BY PARTICIPATING OR ATTEMPTING TO PARTICIPATE IN THE PRESENT CONTEST, ALL INDIVIDUALS RELEASE THE CONTEST ORGANIZERS, THEIR ADVERTISING AND PROMOTIONAL AGENCIES, THEIR EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY DAMAGE THAT COULD BE INCURRED DUE TO THEIR PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE CONTEST.

QUEBEC RESIDENTS

39. ANY LITIGATION RESPECTING THE CONDUCT OR ORGANIZATION OF A PUBLICITY CONTEST MAY BE SUBMITTED TO THE RÉGIE DES ALCOOLS, DES COURSES ET DES JEUX FOR A RULING. ANY LITIGATION RESPECTING THE AWARDING OF A PRIZE MAY BE SUBMITTED TO THE RÉGIE ONLY FOR THE PURPOSES OF HELPING THE PARTIES REACH A SETTLEMENT.

40. THE MASCULINE GENDER IS USED IN NO DISCRIMINATORY FASHION, SIMPLY TO FACILITATE COMPOSITION.

PRIVACY

41. THE CONTEST SPONSOR IS COLLECTING PERSONAL DATA ABOUT ENTRANTS FOR THE SOLE PURPOSE OF ADMINISTERING THIS CONTEST. NO FURTHER INFORMATIONAL OR MARKETING COMMUNICATIONS WILL BE RECEIVED BY THE ENTRANT UNLESS THE ENTRANT PROVIDES THE SPONSOR WITH EXPLICIT PERMISSION TO DO SO AS INDICATED ON THE ENTRY FORM WHERE IT ASKS THE USER IF THEY WOULD LIKE TO RECEIVE ADDITIONAL COMMUNICATION FROM THE SPONSOR. PLEASE SEE OUR PRIVACY POLICY AT .

BY POSTING YOUR PHOTOGRAPH, YOU DECLARE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE CONTEST’S RULES AND REGULATIONS.

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We are not responsible for the content of any websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us of the referenced website. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any websites linked to or from the Site, nor do we assume any responsibility or liability for the content, products or services of such pages and websites. 

9. User Content

When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials ("User Content") on the Site, you are entirely responsible for such User Content. User Content will be treated as non-proprietary and non-confidential.  Subject to the terms of our Privacy Policy, by transmitting or posting any User Content, you hereby grant us full ownership of the User Content as if we had created, developed and posted the User Content for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the User Content in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any User Content in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the User Content within or in connection with our products or services. You also acknowledge that your User Content will not be returned and we may use your User Content, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content, and you agree not to transmit, upload, post, e-mail or otherwise make available on the Site any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.  You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any User Content or any damages arising from any User Content.

We do not guarantee the accuracy, integrity or quality of User Content.  You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to remove any User Content that violates these Terms of Use.

10. Copyright Complaints

We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please click here to find out how to notify us of a claimed infringement.

11. Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

12. Indemnification; Compliance with Laws

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

You shall act always in accordance with the law, custom and in good faith. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to NYXCosmetics.com, our affiliates, partners or licensors.

13. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of California, as if the Terms of Use were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Terms of Use, whether through class arbitration proceedings or otherwise.

14. General

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision..

If you have any questions regarding these Terms of Use, please contact us here.

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