OFFICIAL RULES FOR THE ESSENCE COSMETICSTM AND CATRICE COSMETICSTM
#MAKEUPFORLOSTTIME CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST MAY ONLY BE ENTERED IN OR FROM THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC) AND SUBMISSIONS ORIGINATING FROM ANY OTHER JURISDICTION ARE NOT ELIGIBLE FOR ENTRY.
- ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC), WHO ARE 18 YEARS OF AGE OR OLDER. Void where prohibited. 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 cosnova, Inc. (“Sponsor”), its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, entrants (and, if eligible minors, their parents or legal guardians) agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this Contest. Contest is subject to all applicable federal, state and local laws. All federal, state/provincial and local laws and regulations apply.
- CONTEST PERIOD: The Contest will begin 12:00:01 PM Eastern Time (“ET”) on August 23 , 2021 and end at 11:59:59 p.m. ET on September 24, 2021 (“Contest Period”).
- HOW TO ENTER: Post a video (“Video”) on Tik Tok of yourself that is inspired by essence makeup and Catrice Cosmetics products and, in the caption, tag @essence.cosmetics and @catrice.cosmetics and use the hashtags #MakeUpForLostTime and #contest. To participate in the Contest, you must have a non-private TikTok account.
All Videos, comments, posts and other entry information shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below in Section 5. No other form of entry will be accepted. All entries must be received by 11:59:59 p.m. ET on September 24, 2021 to be eligible.
Each post counts as a separate Submission. Entrants are encouraged to enter as many times as they like, however, they must post a different, unique Video to qualify as a new Submission. Duplicate Submissions by the same entrant will be subject to disqualification. Submissions must meet TikTok's Terms of Service at https://www.tiktok.com/legal/terms-of-use?lang=en and its Community Guidelines at https://support.tiktok.com/en/privacy-safety/community-policy-en. Standard data fees may apply if entering the Contest using your mobile device. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be included in the Submission in accordance with these Official Rules. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
All terms and conditions of TikTok.com apply. Multiple entrants are not permitted to share the same TikTok account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different TikTok 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 TikTok account, the authorized account holder of the email address used to register on the account 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 for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.
- Submission Guidelines and Content Restrictions: By entering the Contest, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
- The Submission must be in a format compatible with TikTok.
- The Submission must be primarily in English.
Content Restrictions:
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission 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;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States, Canada or of any jurisdiction where Submission is created; and
- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules.
- WINNER DETERMINATION: Sponsor will select twelve (12) winners in total (one (1) grand prize winner, one (1) second prize winner and ten (10) third prize winners) on or about September 27, 2021. Sponsor’s team will select the winners based on the following equally-weighted judging criteria (“Judging Criteria”): (i) quality of Video content, (ii) uniqueness, (iii) creativity, and (iv) makeup application. In the event of a tie, the highest score in the quality of Video content criteria (above) will determine winner (subject to confirmation).
- PRIZES:
- One (1) grand prize winner will receive a $5,000 USD cash prize and various essence makeup and Catrice Cosmetics makeup products (Approximate retail value (“ARV”): $350 USD). ARV of grand prize: $5,350
- One (1) second prize winner will receive $1,000 USD cash prize and various essence makeup and Catrice Cosmetics makeup products (ARV: $350 USD). ARV of second prize: $1,350 USD.
- Ten (10) third prize winners will receive $100 USD each and various essence makeup and Catrice Cosmetics makeup products (ARV: $350 USD). ARV of each third prize: $450 USD.
Total ARV of all prizes combined: $11,200 USD. Cash Prizes will be awarded via a check mailed to the winners, and a box of makeup products will be shipped to their mailing address. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All federal, state/provincial and local taxes are winner’s sole responsibility. Winners may not substitute, assign or transfer prize. All prize details are at Sponsor’s sole discretion. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Limit one prize per person or household.
- WINNER NOTIFICATION: The twelve (12) potential winners will be notified by Sponsor via a TikTok Direct Message on or about September 27, 2021. The potential winners will need to provide Sponsor with their mailing address to receive the prize. If the potential winner is Canadian (excluding Quebec), potential winner may be required to correctly answer a time-limited mathematical skill-testing question without assistance of any kind whether mechanical or otherwise to be administered at a mutually-convenient time in order to be declared an official winner.
Potential winners will be required to email Sponsor within three (3) business days in order to claim their prize. Potential winners may be required to sign and return, where legal, an Affidavit of Eligibility/Declaration of Compliance, Liability/Publicity Release and/or rights transfer document within five (5) business days of receipt. Additionally, potential winners may be required to obtain releases from any and all third parties appearing in their respective Submissions. If any potential winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility/Declaration of Compliance, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any potential winner cannot be contacted within three (3) business days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
- GRANT OF RIGHTS: By submitting a Submission, each entrant grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the Submission and all elements of such Submission, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, but not limited to, applicable profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade, except where prohibited.
- GENERAL CONDITIONS: ENTRANTS (AND, IF ELIGIBLE MINORS, THEIR PARENTS OR LEGAL GUARDIANS), BY PARTICIPATING, AGREE THAT SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, AND ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE RELEASED AND HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY, FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING DEATH, TO PERSONS, OR PROPERTY, WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Released Parties are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries; (ii) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) 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 of entries, the announcement of the prize or in any Contest-related materials; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; or(vii) injury or damage to any person's computer related to or resulting from participating in this Contest. Persons who tamper with or abuse any aspect of the Contest or Sponsor social media account, who actin 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.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, pandemics, epidemics or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof. For the purposes of entrants from Canada (excluding Quebec), Sponsor reserves the right to conduct an alternative test of skill to comply with applicable law. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA ACCOUNT ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York County in the State of New York. The parties agree not to raise the defense of forum non conveniens.
- Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy at https://www.catricecosmetics.com/policies/terms-of-service. 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.
- List of Winners. To obtain the list of winners, send a self-addressed, stamped envelope by October 29, 2021 to: cosnova Inc., Customer Service, 55 Fifth Ave, Suite 1601, New York, NY 10003.
Sponsor: cosnova, Inc., 55 Fifth Avenue, New York, NY 10003.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TIKTOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TIKTOK.