Contest
“BE An eyeONBEAUTYtv CORRESPONDENT”
~CONTEST ~ NO PURCHASE NECESSARY TO
ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID
WHERE PROHIBITED. WINNER WILL BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE
DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF
NOTIFICATION, AS MORE FULLY DETAILED BELOW. INTERNET ACCESS IS
REQUIRED. BY ENTERING IN ANY OF THE METHODS DESCRIBED BELOW, YOU AGREE
TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY
BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES
TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS
AND REMEDIES.
1. Eligibility: “Be a eyeONBEAUTYtv Correspondent” Contest (the "Contest")
is open only to legal residents of the 50 United States and the
District of Columbia who are at least eighteen (18) years old and the
age of majority in their state of residence at the time of entry.
Employees of Devezin Cosmetics, Inc. dba eyeONBEAUTYtv, Promotions.com, each of
their respective parent, subsidiary, related and affiliated entities,
suppliers, as well as the immediate family (spouse, parents, siblings
and children) and household members of all parties are not eligible.
Contest is subject to all applicable federal, state, and local laws and
regulations. Void where prohibited. Participation constitutes entrant's
full and unconditional agreement to these Official Contest Rules (the
“Official Rules”) and Sponsor's decisions, which are final and binding
in all matters related to the Contest. Winning a Prize is contingent
upon fulfilling all requirements set forth herein.
2. Sponsor: Devezin Cosmetics, Inc., dba eyeONBEAUTYtv, P.O. Box 372143
Reseda, California. 91337.
3. Timing: Contest begins on April 1, 2015 at 12 PM PST and ends at 12
PM PST on January 31, 2016 (the "Contest Period").
4. How to Enter The Contest: During the Contest Period, enter by
posting a photo of a cool makeup tool and exercise your editorial
muscles by writing an original 15-word description of the product. You
may submit your entry in any of the following ways: • On eyeONBEAUTYtv.com:
During the Contest Period, visit and
complete the online registration form with your name and email address.
Upload a photo of the makeup tool of your choice (the “Entry
Photo”) and a 15-word description of the product (the “Entry
Description”) to receive one entry (“Entry”) into the Contest. •
Facebook: During the Contest Period, you may access the Contest on
eyeONBEAUTYtv’s Facebook page
(https://www.facebook.com/) and completing
the on-screen registration form. Upload your Entry Photo and complete
the field for your Entry Description to receive one entry into the
Contest. • Pinterest: During the Contest Period, join or log in to your
Pinterest account, pin your Entry Photo and enter your Entry
Description in the photo description using the designated hashtag
#eyeONBEAUTYtvWriter to receive one entry. • Twitter: During the Contest
Period, join or log in to your Twitter account and enter the Contest by
sending a Tweet including using the hashtag #eyeONBEAUTYtvWriter. Your
tweet must include the Entry Photo and Entry Description to qualify.
Limit one entry per person per method of entry (you can receive one
entry by entering on eyeONBEAUTYtv.com, one by entering on Facebook, one by
entering on Twitter, and one by entering on Pinterest). Multiple
entrants are not permitted to share the same email address. Use of any
automated system to enter is prohibited and will result in
disqualification. Entries that are forged, altered, incomplete,
garbled, or generated by a macro or with intent to subvert the entry
process will not be accepted and are void. Entries made by any other
individual or any entity, and/or originating at any other web site
(other than the Contest Sites) or e-mail address, including, without
limitation, commercial Contest subscription notification and/or
entering service sites, will be declared invalid and disqualified. In
the event of a dispute as to any registration, the authorized account
holder of the email address used to register will be deemed to be the
registrant or player, but only if that person meets all other
eligibility criteria for this Contest. 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. The potential winner may be required to show proof of being
the authorized account holder. As a condition of entering the Contest,
each entrant gives consent for Sponsor to obtain and deliver his or her
name, address and other information to third parties for the purpose of
administering this Contest and complying with applicable laws,
regulations and rules. All entries must be received by Sponsor during
the Contest Period or they will be void. Any proof of creating,
populating or titling the Entry does not constitute proof of actual
receipt of an entry. The Contest Sites’ database clock will be the
official timekeeper for the Contest.
5. Judging Criteria: Each entrant selected as a potential winner must
comply with all terms and conditions set forth in these Official Rules
and each Contest Site winning is contingent upon fulfilling all such
requirements. Prize winners will be selected by a panel of judges
composed of eyeONBEAUTYtv editors based on the following criteria: writing
skills (50%); photo selection (25%); and overall creativity (25%) (the
“Judging Criteria”). Judging determinations are final and binding with
respect to all matters relating to the Contest.. No information
regarding entries or judging will be disclosed to any third party not
involved in the conduct of the Contest. The contest will take place
under the supervision of Sponsors. Participants agree to be bound by
these rules and the decision of the judges, whose decisions are final.
6. Winner Notification. Potential winners will be notified by telephone
or email, at Sponsor’s discretion, after voting and judging have been
completed. Winners will be required to execute an Affidavit of
Eligibility, Liability/Publicity Release (where legal) and an
Assignment of Rights (the “Prize Acceptance Documents”) within five (5)
days of notification or prize will be forfeited. If any entrant is a
minor in his/her state of residence, his/her parent/legal guardian will
be required to complete the affidavit on entrant’s behalf and entrant
prizes will be awarded to parent/legal guardian. Return of prize
notification as undeliverable may result in disqualification and
alternate determination. If any potential winner is found to be
ineligible or if any potential winner does not comply with the Official
Rules, then the potential winner may also be disqualified and an
alternate potential prize winner will be determined. Sponsor will
attempt to notify potential winners within 10 business days after
selection. If a potential winner cannot be contacted within fourteen
(14) days after the first attempt to contact such potential winner, an
alternate entrant will be selected in his or her place from all entries
received.
7. Prizes/Odds: Three (3) Trips for Winner and one guest to cover a red carpet
event for eyeONBEAUTYtv to write an editorial beauty review
(“Review”) for eyeONBEAUTYtv.com: • First Prize: One three day, two night
trip for Winner and guest to Turks & Caicos including a two night stay
at The Seven Stars Resort in a standard room and a 1,400 American
Express gift card for airfare and ground transportation (ARV: $2,400);
• Second Prize: One three day, two night trip for Winner and guest to
Los Angeles, California, including a two night stay at The Standard
Hotel in a standard room and a 1,400 American Express gift card for
airfare and ground transportation (ARV: $2,150); • Third Prize: One
three day, two night trip for Winner and guest to New York City
including a two night stay at The Chambers Hotel in a standard room and
a $1,400 American Express gift card for airfare and ground
transportation (ARV: $2,100)(each a “Prize” and collectively the
“Prizes”).
Prize award is subject to verification of eligibility and compliance
with these Official Rules. All other expenses not set forth above,
including but not limited to telephone, entertainment, meals, tips,
etc. are the responsibility of the Winners and not included in the
Prize. Anyone traveling in connection with the trip who is under
eighteen years of age must be accompanied by a parent or guardian. All
travel in connection with the prize must be taken within one year of
prize award. Each Winner must provide the Review to designated
eyeONBEAUTYtv representatives within two (2) days of returning from
his/her trip. The Review may be edited by eyeONBEAUTYtv in any manner in
its sole discretion and published for any such period of time
(including no time) as eyeONBEAUTYtv may decide. Any and all materials
prepared and submitted by Winner including the Review will be
considered a “work for hire” as defined in Section 101 of the Copyright
Act of 1976, as amended, and eyeONBEAUTYtv will own the copyright in and to
such materials and may use and exploit them in its sole discretion.
Winner of each Prize is responsible for all federal, state, and local
taxes, if applicable, associated with Prize receipt and/or use. Failure
to complete the Prize does not relieve the winner of his/her tax
obligations associated with winning the prize. All other expenses and
costs not expressly listed above, including, but not limited to travel
to the destination, transfers, tips, entertainment and taxes related to
any of the foregoing are the Winner's sole responsibility. No transfer,
substitution or cash equivalent by the Winner is permitted except as
otherwise stated herein. Sponsor reserves the right, in its sole
discretion, to substitute the Prize with one of comparable or greater
value. Odds of winning each Prize depends on the number of eligible
entries received during the Contest Period. By entering this Contest
and accepting a Prize, the Winner agrees to maintain his/her behavior
in accordance with all applicable laws and generally accepted social
practices in connection with participation in any Contest- or
prize-related activity. The Winner is strictly prohibited from selling,
auctioning, trading or otherwise transferring any part of the Prize,
except in Sponsor's sole discretion. All Prizes are non-transferable
and no substitution will be made except as provided herein at the
Sponsor's sole discretion. [Winner must be a eyeONBEAUTYtv subscriber to redeem
the Prize. It is the Winner's sole responsibility to comply with all
travel requirements, which may include, without limitation, presenting
necessary identification (including photograph or valid passport) at
the time of travel. Flight schedules are subject to change without
notice. Sponsor is not liable for any missed prize events,
opportunities or expenses incurred as a consequence of flight
cancellation/delay or ground transportation delay. By entering this
Contest and accepting a Prize, the Winner agrees to maintain his/her
behavior in accordance with all applicable laws and generally accepted
social practices in connection with participation in any Contest- or
prize-related activity. The winner understands and agrees that Sponsor
or prize providers have the right, in their sole discretion, to
disqualify and remove the winner from any activity at any time if the
winner's behavior at any point is uncooperative, disruptive, or may or
does cause damage to person, property, or the reputation of Sponsor or
otherwise violates the policies of the prize providers, and in such a
case, the winner will still be solely responsible for all taxes and
other expenses related to a Prize. The Winner is strictly prohibited
from selling, auctioning, trading or otherwise transferring any part of
the Prize, except in Sponsor's sole discretion.
8. Entry Requirements: Any photo, image or other content submitted
that, in Sponsor’s sole and absolute discretion, (i) is obscene,
profane, lewd or defamatory; (ii) violates or infringes (or may
infringe) any copyright, trademark, logo, mark that identifies a brand
or proprietary right of any person living or deceased (including but
not limited to rights of privacy or publicity or portrayal in a false
light) or entity; (iii) includes anti-social content, a commercial
solicitation or promotional materials, or address, phone number, or URL
address; (iv) does not meet the requirements outlined in these Official
Rules or on the Contest Website; or (v) is otherwise objectionable,
will not be considered and may disqualify the Entry. Each entrant
grants to Sponsor and its affiliates, subsidiaries, assigns, licensees,
sublicensees, agents and representatives a worldwide, royalty-free,
unrestricted, perpetual, non-exclusive right and license to copy,
distribute, transmit, publish, edit, exhibit, disseminate, display,
reproduce, create derivative works from and use in any way, throughout
the universe and in perpetuity, each submitted Entry, and any
reproductions or derivative works thereof, through any and all manners,
formats or media now known or hereafter devised (including on the
Contest Website and other websites owned or controlled by Sponsor, its
affiliates or anyone acting on Sponsor’s authority), for any and all
lawful purposes, and agrees to execute documents, instruments or
agreements confirming such right and license (as further defined in
section 9 below) at Sponsor’s reasonable request. Any Entry deemed
inappropriate or unsuitable, in Sponsor’s sole and absolute discretion,
will be disqualified. By entering, the entrant understands that his/her
Entry may be posted online, in Sponsor’s sole and absolute discretion,
to be viewed by members of the general public. Sponsor has the sole and
absolute discretion to determine whether a Entry qualifies as an entry.
Any Entry not in compliance with the above and which does not meet the
Contest Website’s requirements will be disqualified. Entries must be in
keeping with Sponsor’s image and may not be offensive, obscene,
profane, lewd or defamatory as determined by Sponsor in its sole and
absolute discretion. In such an event, the Entry will be disqualified
from the Contest. Normal Internet access and usage charges imposed by
entrants’ online service will apply. No information regarding entries,
other than as otherwise set forth in these Official Rules or on the
Contest Website, will be disclosed.
9. Release: Entrant hereby waives any right to royalties or other
compensation arising from or related to Sponsor’s use of the Entry he
or she submitted. Sponsor reserves the right to discontinue the use of
the entries without notice to any entrant, including the Winners.
Entrant hereby represents and warrants to Sponsor that the Entry does
not and shall not infringe on any copyright or any other right of any
third party nor violate any applicable law, rule or regulation, and
such entrant hereby agrees to indemnify, defend and hold Sponsor
harmless from and against any and all third party claims for
intellectual property infringement or from and against any claim
arising from or relating to Sponsor’s use of the Entry. Entrant hereby
waives any right to inspect or approve uses of the Entry or to be
compensated for any such uses. Except where prohibited, participation
in the Contest constitutes Winner's consent to Sponsor's and its
agents' use of winner's name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media,
worldwide, without further payment or consideration. By entering this
Contest, each entrant agrees to release, indemnify and hold harmless
Sponsor, Administrator, 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 claims, damages, attorneys'
fees, costs of litigation and settlement 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, receipt or use
or misuse of any Prize, preparing for, participating in and/or
traveling to/from any Prize or Contest-related location/activity. The
Released Parties are not liable to the winner, an entrant or any person
claiming through such winner or entrant for failure to supply theorize
or any part thereof, by reason of any acts of God, any action(s),
regulation(s), order(s) or request(s) by any governmental or
quasi-governmental entity (whether or not the action(s),
regulations(s), order(s) or request(s) prove(s) to be invalid),
equipment failure, threatened terrorist acts, terrorist acts, air raid,
blackout, act of public enemy, earthquake, war (declared or
undeclared), fire, flood, epidemic, explosion, unusually severe
weather, hurricane, embargo, labor dispute or strike (whether legal or
illegal) labor or material shortage, transportation interruption of any
kind, work slow-down, civil disturbance, insurrection, riot, or any
other cause beyond Sponsor's sole control. Released Parties assume no
responsibility and will not be liable for any of the following, whether
caused by a Released Parties, the entrant, or by human error: lost,
late, incomplete, misdirected, stolen, garbled or illegible entries or
postage-due mail; address changes of entrants or entries not received
in accordance with these Official Rules; technical, hardware or
software malfunctions of any kind, or unavailable network or Internet
service provider connections; failed, incorrect, inaccurate,
incomplete, garbled, or delayed electronic communications; errors,
typos or misprints in these Official Rules, in any Contest-related
advertisements or other materials; failures of any of the equipment or
programming associated with or utilized in the Contest; unauthorized
human and/or mechanical intervention in any part of the entry process
or the Contest; technical or human error which may occur in the
administration of the Contest or the processing of entries; or 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 of any prize. If for any reason an entrant's
entry is confirmed to have been erroneously deleted, lost or otherwise
destroyed or corrupted, entrant's sole remedy is another entry in the
Contest.
10. General Conditions: Sponsor reserves the right to cancel, suspend
and/or modify the Contest, or any part of it, if any fraud, technical
failures or any other factor beyond Sponsor's reasonable control
impairs the integrity or proper functioning of the Contest, as
determined by Sponsor in its sole discretion. Sponsor reserves the
right, in its sole discretion, to disqualify any individual it finds to
be tampering with the entry process or the operation of the Contest or
to be acting in violation of these Official Rules or any other
Promotion or in an unsportsmanlike or disruptive manner. Any attempt by
any person to 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 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.
10. General Conditions: Sponsor reserves the right to cancel, suspend
and/or modify the Contest, or any part of it, if any fraud, technical
failures or any other factor beyond Sponsor's reasonable control
impairs the integrity or proper functioning of the Contest, as
determined by Sponsor in its sole discretion. Sponsor reserves the
right, in its sole discretion, to disqualify any individual it finds to
be tampering with the entry process or the operation of the Contest or
to be acting in violation of these Official Rules or any other
Promotion or in an unsportsmanlike or disruptive manner. Any attempt by
any person to 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 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.
11. Limitations of Liability: By participating, participants agree to
be bound by these Official Contest Rules, the www.eyeONBEAUTYtv.com Terms
of Use, and the decisions of the Sponsor and its judges which are final
and binding in all respects. All issues and questions concerning the
construction, validity, interpretation and enforceability of these
Official Contest Rules or the rights and obligations of participants
and Sponsor in connection with the Contest will be governed by and
construed in accordance with the internal laws of the State of California,
without giving effect to any choice of law or conflict of law
rules or provisions that would cause the application of any other
state's laws. BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT: (1) ANY
AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR
CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE
RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED
$100, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE;
(3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN
ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES
ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL
OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S
REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND
PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR
EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE MAY NOT APPLY TO YOU.
12. MISCELLANEOUS: The invalidity or unenforceability of any provision
of these Official Contest Rules or the Prize Acceptance Documents will
not affect the validity or enforceability of any other provision. In
the event that any provision of the Official Contest Rules or the Prize
Acceptance Documents is determined to be invalid or otherwise
unenforceable or illegal, the other provisions will remain in effect
and will be construed in accordance with their terms as if the invalid
or illegal provision were not contained herein. Sponsor's failure to
enforce any term of these Official Contest Rules will not constitute a
waiver of that provision. Participants agree to waive any rights to
claim ambiguity of these Official Contest Rules. Headings are solely
for convenience of reference and will not be deemed to affect in any
manner the meaning or intent of the documents or any provision hereof.
13. WINNER’S LIST. A Winner’s list will be available at
http://www.facebook.com/ within a reasonable time after the
close of the Contest, for a reasonable amount of time. In addition, the
"Winner’s list" is also available by sending a stamped, self-addressed
envelope marked “Winner’s List” to Devezin Cosmetics c/o eyeONBEAUTYtv. P.O. Box 372143
Reseda, California. 91337; RE: Request for Be a eyeONBEAUTYtv
Correspondent Contest Winner’s List.
