Dermablend Urban Retreat Contest Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
The Dermablend Urban Retreat Contest (the “Contest”) starts on May 2, 2017 at 12:00 AM Eastern Daylight Time (“EDT”) and ends on May 31, 2017 at 11:59 PM EDT (“Contest Period”). Sponsor’s computer shall be the official timekeeper for all matters related to this Contest.
Contest is open to residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, 13 years of age or older at time of entry. Anyone under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, 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 of Dermablend (“Sponsor”), and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
HOW TO ENTER:
During the Contest Period, (the “Entry Period”), 1) create a “beautiful-beautiful” photo of your face in which half the face is with makeup and the other half is without; 2) visit Instagram and follow @DermablendPro if you do not do so already; 3) upload the photo and describe your powerful story with makeup. Include the words “Contest Entry” in photo caption; 4) submit with #DermablendPro and #BeautifulBeautiful. All online entries must be received by 11:59 PM EDT on May 31, 2017 to be eligible. Limit one (1) entry per person, per Instagram account for the duration of the Entry Period. Multiple entries received from any person or Instagram account after the first entry received from that person or Instagram account will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate;
- and/or violates any law.
Entry must be the original work of the entrant, may not have been previously published, 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 submission 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.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on www.Dermablend.com, its affiliates or Dermablend branded websites or social platforms. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.
All eligible Entries received by Sponsor will be judged by a panel of qualified judges based on the following criteria: makeup application (50%); success in relaying powerful story about makeup (40%) and quality of photo (10%). The Entry with the highest score will be deemed the potential winner. In the event of a tie, the Entry with the highest score in makeup application, will be deemed the potential winner. In the event of tied scores in this criteria, the tied scores will be re-judged with the highest re-judged score deemed the potential winner. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
Potential winner will be notified on or about June 6, 2017 on Instagram. If user has enabled direct messaging on their Instagram account, potential winners will be notified via direct message on their Instagram account from Sponsor. If potential winner does not have direct messaging enabled, the potential winner will receive prize notification via a comment on their submitted Instagram photo from Sponsor. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor which must be returned within seven (7) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If any potential winner is an eligible minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
A trip for winner and one (1) guest to New York City, New York. Trip consists of roundtrip, coach class air transportation from a major U.S. gateway airport nearest winner’s residence to New York City, New York, three (3) days and two (2) nights standard hotel accommodations (one room, double occupancy), roundtrip car service from home to airport and airport and hotel. Approximate Retail Value (“ARV”): $1,900.00. Prize also includes NYC helicopter ride for winner and guest, $598.00 ARV; two (2) tickets to a Broadway musical, $300.00 ARV and a $200.00 gift card to cover meals and incidentals, $200.00 ARV. Total ARV of all prizes: $2,998.00. If winner resides within a 100-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Actual value of may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Gift card is subject to certain terms and conditions as specified by issuers. Trip must be taken by December 31, 2017 or prize will be forfeited and Sponsor will have no further obligation to such winner. Winner and guest must travel together on the same itinerary. Sponsor will choose Broadway show. Broadway tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Sponsor. Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of prize. In the event Sponsor is unable to provide tickets to show, no compensation or substitution will be provided in lieu thereof; however, remainder of prize package will be awarded and Sponsor will have no further obligation to winner. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless the child or legal ward of winner and must sign a liability/publicity release prior to issuance of travel documents. If guest is child or legal ward of winner, winner must sign and return release on behalf of such child or legal ward. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Travel is subject to availability. Certain blackout dates and travel restrictions may apply. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including additional transportation, luggage fees, meals, souvenirs, miscellaneous hotel expenses, gratuities are the sole responsibility of the winners.
By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize including any travel/activity related thereto, including any harm/injury caused from the use of a vehicle; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.
USE OF ENTRIES:
By submitting an Entry, you hereby grant the Sponsor, its affiliates and its Administrators the irrevocable, perpetual, royalty free, worldwide license to use, reproduce, publish, edit, market, store, adapt, assign, distribute, have distributed, publicly and privately display, communicate, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, other Sponsor-selected media, and on third party retail sites featuring Dermablend).
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 prizes, 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 submission 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. 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.
USE OF DATA:
REQUEST FOR WINNERS’ LIST:
For a list of winners (available after June 27, 2017), send a self-addressed, stamped, envelope by December 27, 2017 to: Dermablend Urban Retreat Contest Winner, 10 Hudson Yards, 33 Floor, New York, NY 10001, Attn: Marketing.