NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. Sweepstakes Timing: The Makeup.com x NYX Cyber Monday Instagram Flash Giveaway (the “Sweepstakes”) begins at 8 am Pacific Time (“PT”) on November 30, 2015 and ends at 11:59 pm PT on November 30, 2015 (“Promotion Period”).
2. Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or older as of the date of their entry and who, as of November 29, 2015, possess a web-enabled mobile device (“Entrant”). Employees of L’Oréal USA, Inc. (“Sponsor”), VaynerMedia (“Administrator”), their parent companies, affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”) and the immediate family (defined as, spouse, parents, children and siblings) or household members of each are not eligible. This Sweepstakes is void where restricted or prohibited, and if subject to all applicable federal, state and local laws and regulations.
3. How to Enter the Sweepstakes: During the Promotion Period, you must: (1) Follow @makeupdotcom on Instagram (using your web-enabled mobile device via the Instagram application) if you do not already; (2) Look for the post from @makeupdotcom asking “What is your favorite NYX product?” (“Post”); (3) Answer the question as a comment to the Post with #MDCxNYXSweepstakes (“Entry”). Entrant must have an Instagram account to enter via Instagram and have their account privacy settings set to “Off.” If you do not have an Instagram account, you may visit www.Instagram.com to download the application for free. All Entries must be received by 11:59 pm PT on November 30, 2015 to be eligible. Limit one (1) Entry per person for the duration of the Promotion Period. Entries received from any person in excess of the above-stated limitation will be void. Any attempt by any entrant to obtain more than one Entry by using multiple/different email addresses, identities or Instagram accounts will void such Entries and that entrant will be disqualified. Entries generated by script, macro or mechanical means and Entries made by any means that subvert the Entry process are void. Once you have completed the process, you will be automatically entered for the chance to win the Sweepstakes Prize. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the authorized account holder of the email address associated with the Instagram account used to enter the Sweepstakes. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses.
4. ENTRY REQUIREMENTS: Entries must comply with these Official Rules and must not defame or libel Sponsor or any third party. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor in its sole discretion, will be disqualified and will not be eligible for the prize. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other 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, or is otherwise objectionable, will not be considered and may disqualify the entrant. Entrants may not copy or otherwise plagiarize the Entry from any source. Sponsor has the sole discretion to determine whether an Entry qualifies as an eligible Entry. All Entries must be the sole, original work of the Entrants.
5. Random Drawing: One (1) winner will be selected at random from all eligible Entries received on or about December 1, 2015. The winner will initially be contacted through a direct message or comment and will be required to send an email to the Administrator (as directed in the message or comment) with his/her name and email address within 48 hours. Once his/her email address is provided, the winner will need to provide his/her mailing address, date of birth and phone number within seven (7) calendar days of notification. If winner cannot be contacted within seven (7) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible Entries. Upon prize forfeiture, no compensation will be given.Odds of winning are dependent upon the number of eligible Entries received during the Promotion Period.
6. Prize and Approximate Retail Value (“ARV”): Grand Prize (1): Set of 16 NYX Soft Matte Lip Creams and (1) Kate Spade Holly Drive Compact ‘Kiss & Tell’. (Total ARV: $126). No substitution or transfer of the prize is permitted by the winner. Sponsor reserves the right to substitute the prize or portion of the prize of equal or greater value in its sole discretion. The Prize winner will be solely responsible for all taxes, if any, and any expenses not specified related to acceptance and/or use of his/her prize. In the event the winner/winner’s Entry is featured on a website or in any publication or advertising, no additional compensation beyond the prize will be awarded.
7. Sponsor’s Rights in Submitted Materials: By entering the Sweepstakes and/or submitting any other materials (“Submitted Materials”), you grant Sponsor and its agents the irrevocable and perpetual, non-exclusive right to use your Entry, name and biographical information and to display, print, publish, reproduce, distribute, modify, create derivative works from, promote and provide access to any such Submitted Materials, in any media throughout the world, and without additional consideration. All Submitted Materials must not infringe third-party rights and must be suitable for publication (e.g., may not be obscene or indecent). By submitting any Submitted Materials, you warrant and represent that you have permission from all persons identified in all Submitted Material. Sponsor may modify or edit Submitted Materials in its sole discretion. By entering the Sweepstakes, you consent to the use by the Promotion Parties of your name, Submitted Materials, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law and Sponsor reserves the right to edit, use or reformat the Submitted Materials in any way they see fit.
8. Release of Liability: By participating, you release the Promotion Parties, Instagram, NYX, VaynerMedia and their respective partners, employees, directors, and agents, including advertising and promotion agencies (“Released Entities”), from and against any and all injury, loss, or damage caused or claimed to be caused by, or arising out of, your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use, and/or misuse of the prize, and you agree that the Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or the awarding of the prize, except as expressly set forth in these Official Rules. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Sweepstakes Entrants agree that, by entering the Sweepstakes: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or the prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. By entering, you agree to defend, indemnify, and hold harmless Released Entities against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of any provision of these Official Rules, including, without limitation, your representations and warranties made herein.
9. General Rules: Void where prohibited. All federal, state, and local laws apply. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft, or destruction or unauthorized access to or alterations of emails or other Submitted Materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive emails or other Submitted Materials or Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (a) agree to be bound by these Official Rules, including all eligibility requirements, and (b) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that malfunction, error, disruption, or damage is impairing or will impair the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. In such case, Sponsor will select the winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, OR VANDALIZE THE SWEEPSTAKES WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Winner: For the name of the winner (available after December 1, 2015) send a self-addressed, stamped envelope to: The MDC x NYX Cyber Monday Instagram Flash Giveaway Winner, c/o VaynerMedia, LLC, 315 Park Avenue South, 16th Floor, New York, New York 10010. Requests must be received by January 16, 2016.
12. Sponsor: The Sponsor of the Sweepstakes is L’Oréal USA, Inc. 575 5th Avenue, New York, NY 10017. The Administrator is VaynerMedia, LLC, 345 Hudson Street, 16th floor, New York, New York, 10014.
This Sweepstakes is in no way sponsored, endorsed or recommended by Instagram.