#FACEAwardsAU

Conditions of Entry

2019 FACE AWARDS

Be the 2019 Artist of the Year

1. Promotion:

Face Awards ANZ Squad Search 2019

2. Promoter:

L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: 03 8680 0000.

3. Promotional Period:

18 July 2019 – 11.59pm AEDT 3 October 2019.

4. Promotional Dates:

Entry Period (Stage 1): 18 July 2019 – 11.59pm AEST 12 August 2019

Judging Period (Stage 1): 13 August 2019 – 11.59pm AEST 23 August 2019

Top 6 Announced: 26 August 2019

Products for use in Stage 2 sent to Top 6 between 26 August 2019 and 30th August 2019

Final Theme Announced: 2 September 2019

Top 6 Melbourne Masterclass with Mia Connor: 18 September 2019

Entry Period – Final Theme (Stage 2): 2 September (submissions open) – 11.59pm AEST 20 September (submissions close)

Voting Period – 21 September 2019 - 11.59pm AEST 30th September 2019

Winner Announced: 3 October 2019

5. Eligible entrants:

  1. Entry is only open to Australian and NZ residents who are 14 years and over. Entrants under the age of 18 must have parent or legal guardian approval to enter. Entrants must be available to attend the Melbourne Masterclass with Mia Connor on 18 September 2019.
  2. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  3. For the sake of clarity, beauty advisors at Priceline or employees of Priceline retailers are eligible to enter.
  4. If any prize involves travel or attendance at an event, all children must be accompanied by an adult.

6. How to Enter (Stage 1):

To enter the Promotion, entrants must complete the following steps:

  1. Purchase NYX product/s from any Priceline store within Australia or priceline.com.au or princesspolly.com.au;
  2. Complete a makeup look on themselves or a third person which shows us your favourite makeup look and that best exemplifies your talent as a Makeup Artist using the NYX product/s purchased, and take a photo or photo/s of the look created (“Photo/s”) and record a tutorial video of the makeup look created (“Video”). Video/Photo(s) can be new or existing; and.
  3. During Entry Period (Stage 1):
    1. Instagram Post: Post the Photo/s to their Instagram account with the hashtags: #FaceAwardsANZ #SquadSearch #NYXCosmeticsAustralia and tag @nyxcosmetics_australia;
    2. ‘Follow’ @nyxcosmetics_australia on Instagram;
    3. Youtube Post: Post the Video to their YouTube account with hashtags #FaceAwardsANZ #SquadSearch #NYXCosmeticsAustralia and brand tag @NYXCosmetics_Australia; and
    4. Visit faceawards.nyxcosmetics.com.au/admin, follow the prompts to the Promotion entry page; and fully complete and submit the online entry form with their personal details (first name, last name, date of birth, email address, mobile number, full address and state/territory/region of residence) and provide their Instagram handle and provide the link to the YouTube video.

Entrants must ensure their Instagram and YouTube account privacy setting is set to public (i.e. not 'private') to be eligible for this Promotion.

Entrants must create a YouTube and Instagram account in order to enter (if they do not have an existing account).

Limit one (1) entry permitted per person. Submissions received from any person, email address or YouTube account in excess of the stated limit will be void.

Proof of purchase: Entrants must keep their original purchase receipt/s for all NYX product/s purchased in accordance with the above, as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry for which Proof of Purchase cannot be provided and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as either a Priceline store within Australia or priceline.com.au or princesspolly.com.au; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.

7. Finalists Determination (Top 6):

  1. The Finalists will be determined by Mia Connor - Industry Expert and Face Awards Makeup Mentor. Each entry will be judged on the basis of the creativity of the look featured in the Photo(s) and Video submitted based on the following criteria:
    1. Creativity of the look;
    2. Artistry in makeup application;
    3. Presentation;
    4. Quality of video production/photo.
  2. The best six (6) valid entries, as determined by Mia Connor, will each be deemed a Finalist and deemed part of the official 2019 NYX Professional Makeup Face Awards Squad.

8. Finalist Notification:

The Finalists will be notified via email or photo within 14 days of judging.

The Finalists will be published via social media – Instagram and Facebook on 26 August 2019. The Finalists will be sent a NYX make up kit which must be used to create the looks for Stage 2 in the week commencing 26 August 2019.

The potential Finalists (or parent or legal guardian where entrant is a minor in his/her place of locations) will be required to sign and return a legal document regarding eligibility and publicity, including agreement for Promoter to perform a background check, which must be received by Promoter within three (3) days of the date notice or attempted notice is sent, in order to claim his/her Finalist position. The potential Finalists will be confirmed upon the Promoter’s satisfaction with and approval of the results of the background check. If a potential Finalist cannot be contacted, fails to execute and return a required legal document or provide any other requested information within the required time period (as applicable), does not comply with these Conditions of Entry, or notification is returned as undeliverable, potential Finalist forfeits the prize. If a potential Finalist is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, in Promoter’s sole discretion.

All periods specified above open at 12.00am (NSW time) and close at 11.59pm (NSW time).

9. Stage 2 - Melbourne Masterclass with Mia Connor:

The six (6) Finalists will be invited to attend the Makeup Masterclass with Mia Connor in Melbourne on 18th September 2019. The makeup masterclass is hosted by Mia Connor - Industry Expert and Face Awards Makeup Mentor. During this time, the Finalists will learn professional techniques and industry tips to implement into their own social platforms and brand image as well as create content to be featured in upcoming campaigns for NYX Professional Makeup. The Promoter’s representative/s will film the finalists whist undertaking various activities in Melbourne in association with the Promotion and during the Makeup Masterclass. Footage will be used to create a vignette that will be shown at internal company events and on Promoter's social channel. The Promoter and its agents shall have the right to edit, exploit, adapt, distribute, post, create derivative works of, and otherwise use this footage, in whole or in part, together with the Promoter’s and NYX Cosmetic’s name, and in combination with other materials, in any manner, for any advertising, promotional, trade, commercial or other purposes in any and all media, now or hereafter devised, worldwide without limitation and without further payment, notification, permission or other consideration to winner or any third party, except where prohibited by law. Promoter shall not incur any liability whatsoever to the extent Promoter chooses to refrain from any exploitation of its rights hereunder.

All six (6) Finalists (including one (1) parent or legal guardian of the Finalist, if a minor), will also receive the following in order to attend the Makeup Masterclass event (if they reside outside of Victoria only):

  • return economy flights from their nearest Australian capital city (or closest major city for international flight departure if from NZ) to Melbourne, VIC (fly-in/fly-out on same day of the Masterclass);
  • an AUD$50 for meals and beverages (for each Finalist and for the parent or legal guardian of any Finalist who is a minor) (only provided if winner does not reside in Victoria, Australia); and
  • return transfers from Melbourne airport to the Makeup Masterclass location.

All other expenses not specified above including, but not limited to, all other meals, beverages, gratuities, incidentals, taxes, other transportation, and baggage handling fees for bags in excess of one bag per Finalist (and the parent or guardian of a Finalist who is a minor), are the sole responsibility of each Finalist. Finalists and the parent or legal guardian of any Finalist who is a minor shall reasonably cooperate with Promoter to arrange for the prompt booking of their travel arrangements. All airline or other travel tickets once booked cannot be changed unless Promoter in its sole discretion consents. Any additional fees or penalties incurred as a consequence of any changes made to any travel arrangements after they are booked that are made at the request of a Finalist (or his or her parent or legal guardian) are the sole responsibility of such Finalist (or his or her parent or legal guardian). All Finalists (and his or her parent or legal guardian, for any Finalist who is a minor), are solely responsible for obtaining any necessary travel documents, including photo identification, visas and/or passports. Promoter does not provide travel or other insurance.

The final theme will be announced on 2nd September 2019. Products to use in the final challenge will be mailed to the contestants between the 26th and 30th of August (the week before round 2 challenge is announced). Contestants will have time to perfect their look before the masterclass and then be mentored by Mia Connor before having to submit their looks by the deadline of 20th September.

10. Stage 2 – Entry Submission (for Top 6):

  • The six (6) Finalists will receive a NYX make up kit which must be used to create the looks for Stage 2 in the week commencing 26th August 2019. The look created must be on themselves or a third person. Each Finalist may only submit one (1) make up look for the Stage 2 Entry Submission.
  • The final theme will be announced on 2 September 2019.
  • The top six (6) will be required to create a look using the NYX make up kit provided based on the final theme.
  • The top six (6) will then be required to provide the following deliverables based on the makeup look created during Entry Period (Stage 2):
    • Min. 1 x Instagram post with tags #FaceAwardsANZ #SquadSearch #NYXCosmeticsAustralia and brand tag @NYXCosmetics_Australia.
    • 1 x YouTube post with hashtags #FaceAwardsANZ #SquadSearch #NYXCosmeticsAustralia and brand tag @NYXCosmetics_Australia.

11. Stage 2 – Voting:

  • Who can vote?: Voting is open to all persons. Any voter under the age of 18 must have parent or guardian approval to participate in this Promotion.
  • How to Vote: All six (6) Finalists entry submissions for Stage 2 will be published on www.nyxcosmetics.com.au/faceawards. To vote for an entry the voter must visit the aforementioned website and follow the prompts to vote for which entry they think is best, during the Voting Period.
  • Voting Limit: Maximum of three (3) votes permitted per email address and person each day during the Voting Period.
  • Multiple votes received from any person or email address in excess of the stated limit will be void. Any attempt by a 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 Promoter in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes and the Finalist may be disqualified as determined by Promoter in its sole discretion. The Promoter 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.

12. Video/Photo Submission Requirements:

All videos/photos must meet the following requirements:

  1. You may make up your own face or use a model in the video/photo;
  2. If you use a model in your video/photo, your model must be at least eighteen (18) years of age.
  3. For submissions for Stage 1: You may use any cosmetic products you would like however brand names and logos of products other than NYX Cosmetics must not be displayed or mentioned in your video/photo(s). Your use of or reference to NYX Cosmetics’ products will not positively impact the finalist/winner determination process.
  4. YouTube Video Specific Requirements:
    1. Stage 1 Video for YouTube must not exceed 15 minutes.
    2. Videos must be in English.
    3. YouTube videos must be in a format that is compliant with formats that YouTube guidelines: avi, flv, mov, mp4, mpeg4, mpegps, 3gpp, webM,or wmv format.
    4. Must not plagiarize other artists work and always credit artist where you draw inspiration.
    5. Must meet YouTube's Terms of Service at http://www.youtube.com/static?gl=US&template=terms and its Community Guidelines at http://www.youtube.com/t/community_guidelines.
    6. Must be uploaded to your YouTube account. YouTube account must be non-private. Entrants will need to create a YouTube account if they don’t have one already. For the sake of clarity, videos submitted may be new or existing.
    7. If you do not have a YouTube account, go to www.YouTube.com and create an account according to the instructions on the website. Creating an account is free and you may be asked to agree to the terms of service and privacy policy of the relevant platform. This Promotion is in no way Promoted, endorsed or administered by, or associated with YouTube. If you choose to enter using your mobile phone, standard data fees may apply. See your mobile provider for pricing plan details.
    8. A guideline video may be included on the registration website. If so, the entrant must ensure their Stage 1 Video submission matches the requirements and restrictions outlined in this guideline video in addition to any conditions set out herein.

13. Winner Determination:

  • The winner will be determined 50% based on votes and 50% based on Mia Connor’s assessment of the 2nd Stage Entry Submission. The best of the top six (6) Finalists based on the aforementioned method will be deemed the winner and receive the prize listed below.
  • The judging criteria used by Mia Connor’s in assessing Stage 2 entries is outlined below:
    • Creativity of the look;
    • Artistry in makeup application;
    • Presentation;
    • Quality of video production/photo.
  • The winner will be announced as the official 2019 NYX Australia Face Awards Squad Search Artist of the Year

14. Prize Description:

Prize Description Number of this prize Total Prize Value Winning Method

The Prize includes:

  • AUD$5,000.00 awarded via either EFT to a bank account in the winner’s name or a cheque made payable to the winner, as determined by the Promoter. If winner is from New Zealand the dollar value of the prize will be awarded in the NZD equivalent as at the date the prize is awarded;
  • The title of 2019 NYX Australia Face Awards Squad Search Artist of the Year; and
  • A one-on-one mentoring session with NYX makeup mentor Mia Connor. Exact date and location of the session will be determined by the Promoter. If winner resides outside of the State/Territory in which the session will be held, then the Promoter will also provide one (1) return economy flight for the winner from their nearest capital city to the city where the session take place. Accommodation may also be provided if winner does not live in the same State in which the session takes place, at the discretion of the Promoter.
1 Up to AUD$7,000 Judging

15. Prize Conditions:

  • The winner must provide their bank account details to the Promoter in order for the cash portion of the prize to be awarded.
  • The exact date and location of the Educational Makeup Masterclass will be determined by the Promoter in its absolute discretion.

16. Winner notification:

The winner will be notified via email or photo within 14 days of judging.

The winner will be published via social media – Instagram and Facebook, within 7 days of judging.

17. Unclaimed Prizes:

In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

18. Agreement to Official Rules:

  1. Entrants and voters acknowledge that they have read these Conditions of Entry (and Schedule) and that participation in this Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. By entering this Promotion each entrant represents and warrants that he or she is the person listed on the entry form. By submitting an entry, you agree that it conforms to the guidelines, requirements, permissions, and content restrictions listed herein and that the Promoter, in its sole discretion, may disqualify you if it believes that it fails to conform.
  2. Entries and votes are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant/voter. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries/votes for each period will be accepted during the respective entry/voting periods specified in the Schedule above.
  4. Potential winners/finalists are subject to verification of eligibility and identity per these Conditions of Entry, which will include a background check and completion of documentation required by Promoter to complete such background check, the results of which must be completely satisfactory as determined by the Promoter in its sole discretion. Additional eligibility requirements apply for winners/finalists, as described herein. Winning a prize is contingent upon fulfilling all requirements set forth herein, including the Promoter’s approval of the results of a background check.
  5. The Promoter reserves the right, at any time, to verify the validity of entries, voters, voters and entrants (including an entrant’s/voter’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, tampered with the entry/voting process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter's discretion. The Promoter may, at its discretion, choose to accept any entry/vote, entrant/voter or entry submission even if it does not strictly meet any conditions outlined herein. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  6. The judge/s may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
  7. All material submitted on entry or otherwise for this Promotion (e.g. video(s), photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  8. To the extent permitted under law, the Promoter and its associated agencies and companies (“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 Promotion; (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 Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of submissions, the announcement of the prizes or in any Promotion-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/voter’s participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). 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.
  9. Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that if there are any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, it shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration. 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 solicitors' 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.
  10. All reasonable attempts will be made to contact each winner.
  11. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the designated time for the Event, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  12. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/) and the YouTube Terms of Service (https://www.youtube.com/static?gl=US&template=terms) and You Tube Community Guidelines (https://www.youtube.com/static?gl=US&template=terms). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600 and the YouTube Contest Policies and Guidelines (https://support.google.com/youtube/answer/1620498?hl=en). Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram and Youtube. The entrant releases Instagram and Youtube and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram and Youtube.
  13. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  14. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  15. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
  16. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  17. If there is a dispute as to the identity of an entrant, voter or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant, voter or winner.
  18. All entries and votes will be the property of the Promoter. The information entrants/voters provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants'/voters' personal information (including through its contractors or agents) or disclose entrants'/voters' personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, entrants/voters including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By entering this promotion, entrants/voters consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the entrant/voter via electronic messaging. By entering this promotion, entrants/voters consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Entrants/voters can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at www.loreal.com.au/miscellaneous/loreal-australia-and-new-zealand-privacy-policies.htm, contains information about: (a) how entrants/voters can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how entrants/voters can complain about a privacy breach and how the Promoter will deal with such a complaint.
  19. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory/Country or postcode of residence.
  20. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf.
  21. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  22. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Consumer Guarantees Act 1993 (NZ) and/or Fair Trading Act 1986 (NZ) and the Competition and Consumer Act 2010 (Cth).
  23. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries/votes, or suspend or modify a prize.
  24. The Promoter reserves the right, at any time, to validate and check the authenticity of entries, voters, voter’s and entrant's details (including an entrant's/voter’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries/votes, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry/voting software or any other mechanical or electronic means that allows an individual to automatically enter/vote repeatedly is prohibited and may render all entries/votes submitted by that individual invalid.
  25. Entrants agree that during the Promotional Period they will not post any submissions (“Submissions”) provided to the Promoter in connection with this Promotion, including any videos/photos, on Facebook or any other social network. Entrant must have permission from the model and any other individuals who appear in a Submission consent to the use of the Submission in this Promotion and to use their names and likenesses in the Submission and to grant the rights set forth herein. Other than the entrant, all other individuals included in a Submission 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 the Promoter. Additional Submission requirements:
    1. Entrants Submissions must be his/her original work.
    2. Entrant may not make any claims or beliefs (positive or negative) about any product or its performance in a Submission.
    3. Entrant may not make any statement about a brand other than NYX Cosmetics (including mere reference of its use);
    4. Product logos and brand names other than NYX Cosmetics may not be displayed.
    5. 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.
    6. Submissions must not disparage the Promoter or any other person or party.
    7. Submissions must not contain brand names or trademarks other than those owned by the Promoter, which entrant has a limited license to use to incorporate in his/her Submission in this Promotion.
    8. Submissions may only contain music provided by the Promoter.
    9. Submissions must not contain any content not created by entrant.
    10. Submissions must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous.
    11. 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
    12. Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any State/Territory where Submission is created.
  26. Submissions generated by script, macro or other automated means are void.
  27. The Promoter reserves the right to disqualify entries/votes in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  28. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  29. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
  30. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  31. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  32. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

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