NYX Cosmetics Doll Search
Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: NYX Cosmetics Doll Search (the “Contest”) is open only to legal residents of the fifty (50) United States, the District of Columbia, and Canada who are at least 14 years of age at date of entry. Anyone under the age of majority in their state, province or territory (eighteen (18) in most of the United States and Canada, nineteen (19) in Alabama, Nebraska, and the following provinces/territories: British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and the Yukon, 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 that these Official Rules apply on behalf of his/her minor child.

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 Professional Makeup (“Sponsor”), and its respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. Contest is subject to all applicable laws and regulations and is void prohibited.

Participation 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 the Sweepstakes.  Winning the prize is contingent upon fulfilling all requirements set forth herein
 
2. Sponsor: NYX Professional Makeup, Consumer Products Division of L’Oreal USA, 2201 E. El Segundo Blvd. El Segundo, CA 90245. 

3. Timing: The Contest begins on October 5, 2020 at 12:00 a.m. Eastern Time ("ET") and ends on October 12, 2020 at 11:59 p.m. ET (the "Contest Period").  Instagram's servers are the official time-keeping devices for the Sweepstakes.

4. How to Enter: 
Participation Requirements: To participate, you will need to have an Instagram account.  Instagram accounts are free, but is subject to its terms: http://instagram.com/about/legal/terms/#. Posting on Instagram requires a mobile device and therefore message and data rates may apply. 

Video and Photo Requirements: Create a video that that best exemplifies your talent and expertise as a cosmetic artist and provides a tutorial (your "Submission") showing your transformation of yourself into a “NYX Cosmetics Doll.” In addition, take a photo of your final transformed look. The video can be a pre-existing video or one created specifically for this contest. Here are some but not all of the important guidelines and restrictions:

1.    Your Submission may not exceed fifteen (15) minutes.
2.    Your Submission should not include music.
3.    You may not use a model; Rather, your Submission must show you putting cosmetics on your own face.
4.    Your Submission must be in English.
5.    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 or mentioned 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.

Permissions: Entrant must have permission from any other individuals who appear in the Submission to the use of the Submission in the Contest to use their names and likenesses in the Submission and to grant the rights set forth herein. Individuals included must be at least 18 years of age. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.

Photo and Video Submission Content Restrictions

•    Entrant's Submission must be his/her original work;
•    Submission must not include music;
•    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;
•    Submissions 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;
•    Submissions must not disparage Sponsor or any other person or party;
•    Submissions 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 Submission in this Contest;
•    Submissions must not contain any content not created by entrant;
•    Submissions must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
•    Submissions 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
•    Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Submission Entry Process:  During the Contest Period, take the following actions to receive an entry: 
(1) Post the photo of your final transformation and include #NYXCosmetics #DollSearchCanada #Contest in the caption; 
(2) Post your Video Submission to IGTV (you can use the IGTV app or select “Long Video” when uploading to the Instagram app) and include the #NYXCosmetics #DollSearchCanada #Contest in the caption. 
(3) Your account settings for both Instagram and IGTV must remain public during the Promotion Period and until Finalists are confirmed (as described in Section 7); and
(4) You must have the same handle for your Instagram account and IGTV account so that Sponsor will be able to find your video Submission.  You must not change your Instagram handle on either account during the Promotion Period and until the Finalists are confirmed (as described in Section 7).

Instagram stories and Instagram posts where the hashtag is included in a comment rather than the caption of the original post will not be deemed entries. 

Entry Limit: You may enter one (1) time during the Contest Period.  Multiple entrants are not permitted to share the same Instagram account.  Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. 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 used to create the Instagram account. The potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void.  
5. Sponsor’s Use of Social Post Content: Posting a photo and video Submission 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 submissions 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 Submission.  

6.  No Compensation Provided:  By participating in this Contest, entrant acknowledges and agrees that Sponsor may obtain many Submissions in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Submissions may be similar or identical in theme, idea, format or other respects to Entrant's Submission. Moreover, entrant acknowledges that his/her Submissions may be similar to materials developed by the Sponsor. Entrant waives any and all claims entrant may have now or in the future that any compensation is due to entrant in connection with any Submission or other material provided.

7.  Winner Determination 

Judging: After the conclusion of the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the six (6) entrants with the highest-scoring Video Submissions (the "Finalists") from among all eligible Submissions based on the following criteria (“Judging Criteria”).  Note: While it is mandatory to post the photo disolaying final transformation and it must not violate the Content Restrictions, the photo will not be considered as part of the judging process. 

•    30% Creativity of the look created;
•    30% Educational value of the video tutorial;
•    30% Artistry in makeup application as demonstrated within the video; and 
•    10% Quality of the video production;

In the event of a tie, the entrant whose video Submission received the highest score for “creativity of the look” as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. In the event of a tied high score in “creativity of the look” the tied high scores will be re-judged and the one with the highest score will be deemed the Finalist. Sponsor reserves the right to select fewer than six (6) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. 

Notification/Requirements of Finalists: The six (6) selected entrants will be notified through private messages on Instagram from @NYXCosmetics_Canada on or around October 18, 2020 and will be required to respond within six (6) hours providing the Sponsor with their name, email address, home mailing address and date of birth to confirm that they meet the eligibility requirements.  Failure to timely respond within the time frame required will result in disqualification from this Contest.  Time permitting, Sponsor will identify and notify alternate Finalists who earned the next highest score on their Submissions. 

Public Voting:  On October 19, 2020 @NYXCosmetics_Canada will post each of the Finalists Video Submission on IGTV. Individuals may vote for one or all of the Finalists by liking the applicable IGTV post through 10 a.m. Eastern Time on October 22, 2020 (“Voting Period”). Any attempt by any Finalist or voter to obtain 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 Instagram accounts or any other methods, will void those votes and Finalist 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. The Finalist whose Video receives the most “Likes” during the Voting Period will be deemed the potential Winner. In the event of a tie between Finalists, the Finalist who had earned the highest score based on the Judging Criteria will be deemed the potential winner.

8. Winner Notification & Winner Requirements: Sponsor will notify the potential winner on October 22 2020.  Potential winner (or parent/legal guardian if winner is a minor in his/her state/province of residence) will be required to sign and return an IRS Form W-9, a Liability Waiver and, where not prohibited, a Publicity Release ("collectively Prize Acceptance Documents") which must be received by Sponsor within in order to claim the prize. If the potential winner cannot be contacted, fails to sign and return the Prize Acceptance Documents within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules.  In the event that the potential winner forfeits the prize or is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the prize will remain un-awarded.  

9. Prize: ONE (1) GRAND PRIZE: An assortment of NYX Professional Makeup products. All details, including colors to be determined by Sponsor. Approximate Retail Value (“ARV”): $5,000. 

Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. 

10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Instagram, Inc., 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. 
 11. Publicity: Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Instagram profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. 
 12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above.  Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable 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.

14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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, indirect, 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. For Residents of Quebec Only: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion and subject to the approval of the Régie des alcools, des courses et des jeux. 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 purpose of helping the parties reach a settlement. 

15. Entrant's Personal Information: Sponsor will be collecting personal data about entrants in accordance with its privacy policy. Please review the Sponsor’s privacy policy at www.nyxcosmetics.ca. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. Entrants from the U.S. will automatically be opted into receive email marketing communications.  Entrants are permitted to unsubscribe from these email marketing communications at any time without impacting their status in this Contest.  

© 2020 Merkle Inc.  All rights reserved.
 This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. 

 

Abbreviated Disclosures for Advertising

Abbreviated rules for online Ads – Banner 

NO PURCHASE NECESSARY.  Enter by 10/12/20.   See rules for all details at [INSERT URL HERE].


Abbreviated Rules for online Ads – Not a Banner (to be used on Sponsor's Instagram Post, emails or other online locations)

NO PURCHASE NECESSARY.  Legal residents of the 50 US (D.C.) 18 years and older.  Enter by 10/12/20.  See Official Rules, for all requirements at [INSERT URL HERE].  Void where prohibited.