NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. HOW TO ENTER: To be eligible for the NYX Makeup Sweepstakes (“Sweepstakes”), you must enter on Instagram or through the entry page on STYLECASTER from Tuesday, December, 7th 2022 from 12:00 A.M. (ET) to December 19th, 2022 12:00 A.M. (ET) (the “Entry Period”).
Entry Limit: one (1) entry per person and/or account during the Entry Period. Please note that the entry limit is per person, thus creating multiple accounts will not increase your number of entries or chance of winning and will disqualify you from participation in this Sweepstakes.
2. SELECTION OF WINNER: One (1) potential winner will be determined from all eligible entries in a random drawing to be conducted at by December 21st, 2022 by representatives of Sponsor, whose decisions are final and binding on all matters relating to the Sweepstakes. If you are a potential winner, Sponsor will email you within forty-eight (48) hours of the drawing at the email address you entered to let you know that you are the winner. Potential winners have twenty-four (24) hours to reply and provide a full name and valid email address in order for Sponsor to award the prize. If Sponsor does not hear from a potential winner within twenty-four (24) hours, another potential winner can be selected at Sponsor’s discretion. By entering the Sweepstakes through use of a mobile phone or text message, entrants acknowledge and agree that notification of winning may result in charges pursuant to the terms of entrants’ carrier’s rate plan.
3. PRIZES AND ODDS: One (1) winner will each receive a prize of $250 worth of NYX makeup. Odds of winning depend upon the number of eligible entries received. All prize details will be determined by Sponsor in its sole discretion and will be final and binding on all entrants into the Sweepstakes. All prizes will be awarded (assuming sufficient number of eligible entries). Sponsor reserves the right to substitute prizes of equal or greater value. No cash equivalent for the prizes will be offered and no other substitution or transfer of prizes permitted. Sponsor responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the responsibility solely of the winner.
4. ELIGIBILITY: Sweepstakes open to individual legal residents of the 50 United States (including the District of Columbia, but excluding the U.S. territories and possessions) who are age eighteen (18) years (except in the case of legal residents of certain states/territories/providences where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) or older at time of entry. Officers, directors and employees (and their immediate families and members of the same household) of Sponsor and its affiliates, agents, judges and advertising and promotion agencies are not eligible to participate. All federal, state, provincial and local rules and regulations apply. Sponsor will be the official timekeeper for the Sweepstakes and reserves the right, in its sole discretion, to disqualify any entry that does not meet the eligibility requirements or otherwise does not comply with these Official Rules.
5. VERIFICATION OF WINNER AND DELIVERY OF PRIZES: The Winner may, in Sponsor’s sole discretion, be required to sign an affidavit of eligibility and liability release and, where permitted, publicity release. Any prize may be awarded to an alternate winner if affidavit/release is not returned within 5 days after date it is sent to the potential winner, if prize notification or prize is returned as undeliverable, in which case the originally selected winner shall no longer have any right to the sweepstakes prize. The winner shall also provide a completed W-9 or W-8 Form as applicable. The winner agrees to Sponsor’s use of her/his name, photograph, likeness, voice, biographical information, statements and address (city and state), and any information provided by Sponsor for advertising and/or publicity purposes worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation or authorization, to the extent permitted by law.
6. GENERAL: The Sweepstakes is void in Puerto Rico, all U.S. territories and possessions, overseas military installations, as well as outside the United States and where prohibited or restricted by law. These Official Rules and the rights or obligations of Sponsor or any entrants in the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws principles thereof. Sponsor is not responsible for: (a) late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due or misdirected entries, emails or other communications; (b) errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices or transmission lines; (c) data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise; or (d) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant’s email account to receive email messages. The use of automated software or computer programs to register, enter or otherwise participate in this Sweepstakes is prohibited and any individual who uses, attempts to use or Sponsor suspects of using such methods to register, enter or otherwise participate will be disqualified. Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Sweepstakes and reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Sweepstakes if any virus, bug, technical failure, unauthorized human intervention or other cause outside of Sponsor’s control corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes. In the event of any such cancellation, termination or suspension, a notice will be posted and a random drawing will be held from among all eligible, non-suspect entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant (and all of her/his Sweepstakes entries) from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if she/he tampers with the entry process or if her/his fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the right to correct clerical or typographical errors in promotional materials. By participating in this Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that she/he is eligible to participate in this Sweepstakes. By entering and/or accepting a prize, all entrants and winners agree to hold Sponsor and its promotional partners, its directors, officers, employees and assigns harmless for liability, damages or claims for injury or loss to any person or property relating to, in whole or in part, directly or indirectly, participation in this Sweepstakes, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or any prize-related activity, or claims based on publicity rights, defamation, or invasion of privacy. Sponsor, in its sole discretion, reserves the immediate and unrestricted right to disqualify any entrant or prize winner if either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence which the Sponsor deems likely to subject the Sponsor, entrant or winner to ridicule, scandal or contempt or which reflects unfavorably upon the Sponsor in any way. If such information is discovered by Sponsor after a winner has received notice of his prize and before the prize is awarded, Sponsor may rescind the prize in its entirety. Without limitation, decisions of the Sponsor are final and binding in all matters related to this paragraph. CAUTION. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
7. ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sponsor, its parent companies, affiliates, subsidiaries and agents relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before three (3) arbitrators in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§116; (iii) the arbitration shall be held in Los Angeles County, California; (iv) the arbitrators’ decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
9. WINNER’S LIST: The Winner will not be publicly announced. To obtain the name of the winners of the Sweepstakes, send a self-addressed, stamped envelope by October 31, 2021 to: SheMedia, LLC, 475 Park Avenue, New York NY 10017 ATTN: SK Conversations: Back to School Wellness Tips Sweepstakes. The winners list will only be sent after selection and verification of the winner. Residents of Vermont may omit return postage on all requests.
10. SPONSOR: SheMedia, LLC, 475 Fifth Avenue, New York, NY 10017.
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