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UOMA CARNIVAL CONTEST RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the UOMA Beauty Carnival Challenge (the “Promotion”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of UOMA Beauty, Inc. (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection and scoring of entries and the overall administration of the Promotion. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion.
- ELIGIBILITY: The Promotion is only open to legal residents of the 50 United States and the District of Columbia, age 18 or older at time of entry (individually “Entrant”, collectively “Entrants”). Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, agencies, and the judging panel and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter, win or vote. Void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.
- TIMING: The Promotion begins February 27, 2020 at 9:00 AM Pacific Time (“PT”) and ends on April 10, 2020 at 11:59 PM PT (the “Promotion Period”).
- HOW TO ENTER: As part of your Entry (defined below) you will be required to post one (1) photo or video to Instagram (each photo or video a “Promotion Post”) recreating a Carnival look (defined herein). Promotion Posts must have been created by Entrant, and Entrant must have permission of any person who appears or is identified in the Promotion Post. If any minors appear in the Promotion Post, the Entrant must be that minor’s parent and/or legal guardian. To enter the Promotion, upload your Promotion Posts to Instagram, tagging @uomabeauty and using hashtag #UOMAcarnivalcontest and #UOMAcarnival (“Entry”). The “Carnival Look” is described as a colorful and creative makeup look applied to the face and may also include costume elements, including headdress and clothing. Entrants can, but are not required to complete the entry process on the UOMAbeauty.com website on the UOMA Carnival Challenge page, where Entrant will:
- Enter contest at https://uomabeauty.com/pages/uoma-carnival-collection-contest (using the "enter contest" button)
- Upload the same Promotion Post from their Instagram page
- Provide the following information:
- Full Name
- Email Address
- Date of birth (Entrant must be 18 years of age or older)
- Entrant’s Instagram Handle
- Subscribe to our Newsletter
- Agree to the following:
Every unique Promotion Post uploaded to Instagram and the UOMA Carnival Challenge page will be counted as one (1) Entry. Your Instagram account must be public and thus viewable by Sponsor. To be valid, Entries must be posted and received no later than April 10, 2020 at 11:59 PM PT.
- ENTRY CONDITIONS: In case of dispute, Entries will be deemed made by the authorized account holder of the Instagram account or e-mail address submitted with or associated with the Entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account or e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each potential winner may be required to show proof of being the authorized account holder.
- JUDGING: The following factors will be used to judge each Entry by Sponsor’s representatives: (i) sixty percent (60%) makeup artistry/application skill, forty percent (40%) clarity/quality of photo (“Judging Criteria”). Judging will begin on or about April 13, 2020. Sponsor’s representatives will score each Entry based on the Judging Criteria. The twenty-four (24) Entrants whose Entries receive the highest scores will be named the semi-finalists. The Sponsor will select all final winners and identify one potential grand prize winner, pending verification of eligibility and compliance with these Official Rules. The two (2) next top scoring Entrants will be deemed runner ups, and the remaining twenty (20) top scoring entries will be deemed winners of the 8-piece Carnival Collection.
- WINNER SELECTION: Winners will be selected from valid Entries received during the Promotion Period based on the Judging Criteria. Each potential winning Entrant will be notified via Instagram direct message and or email and must respond within 24 hours from that date and time of the Sponsor’s notification message. If a potential winning Entrant does not respond within 24 hours or is determined by Sponsor to be ineligible, unqualified to participate in this Promotion, or in violation of these Official Rules, Entrant will be disqualified and the Entry with the next-highest score will be named the potential winner. Alternates will be contacted via Instagram direct message and or email and must respond within 24 hours from that date and time of the Sponsor’s message. If a sufficient number of Entries are not received during the Promotion Period, Sponsor reserves the right to select fewer than the stated number of potential winners. Decisions of Sponsor and judges will be final and binding on all matters related to the Promotion.
- PRIZE: One (1) grand prize winner will receive $5,000USD and one (1) 8-piece Carnival Collection (approximate retail value $195). The three (3) runner ups will each receive $1,000USD and one (1) 8-piece Carnival Collection (approximate retail value $195 per person). Twenty (20) winners will each receive one (1) 8-piece Carnival Collection (approximate retail value $195).
- ADDITIONAL PRIZE TERMS: Actual value of prizes may vary and Sponsor will not award the difference between approximate and actual values. Taxes on prize, if any, are solely the responsibility of the winner. Winners of a prize valued at $600 or more will receive a Federal Tax Form 1099. Winners will be required to supply their Social Security Number for tax reporting purposes. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Prizes may not be transferred, substituted, redeemed for cash or exchanged.
- REQUIRED DOCUMENTATION: Potential winners may be required to complete an Affidavit of Eligibility and Publicity Release (except where prohibited by law) in accordance with the instructions listed in the notification correspondence. Any potential winner who fails or refuses to sign and return the required documentation within the time period as specified by Sponsor will be disqualified. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact a potential winner (using the contact information provided) within a reasonable time period, as determined in Sponsor’s sole discretion, may result in disqualification and the forfeiture of any potential prize.
- GRANT OF RIGHTS: Each Entrant is responsible for his or her Entry and the consequences of posting or publishing it. In connection with the Entry, each Entrant affirms, represents, and warrants that: (i) Entrant owns or has the necessary licenses, rights, consents and permissions to use the Entry in the manner contemplated by Sponsor; and (ii) Entrant has obtained the written consent, release and permission of each and every identifiable individual person in the Entry to use that person’s name or likeness in the Entry and in the manner contemplated by Sponsor. By submitting an Entry to Sponsor, Entrant (i) waives any and all rights in and to any material submitted by Entrant in connection with this Promotion (including all moral and other rights of authorship); (ii) hereby acknowledges and agrees that Entries (including material submitted by Entrant in connection with the Promotion) become Sponsor’s property and will not be returned; and (iii) grants Sponsor the absolute right to edit, modify, publish, exploit and use an Entry, voice, actions, likeness, name, appearance, biographical material, written works, and all other information or materials that Entrant has provided or may provide in connection with this Promotion in any media, now known or hereafter devised, and in any manner in connection with the operation, advertising and marketing of this Promotion, without further approval, permission or consideration, throughout the universe in perpetuity. Sponsor is under no obligation to use an Entry. Except where prohibited, participation in UOMA Beauty Carnival Challenge constitutes a winning Entrant’s consent to Sponsor’s use of the Entrant’s name, likeness, photograph, voice, opinions, and any other information submitted to Sponsor by Entrant, for promotional purposes, in any media worldwide without further payment or compensation.
- ENTRY REQUIREMENTS: Each Entry submitted (i) must be in keeping with the Sponsor’s image (as Sponsor determines in its sole discretion), (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, unlawful or plagiarized, (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iv) may not violate or encourage others to violate any law, statute, ordinance or regulation, (v) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right, (vi) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor, (vii) may not include references to alcoholic beverages, tobacco, drug paraphernalia, firearms or any depiction or representation thereof and (viii) may not include any virus, worm, corrupt file, Trojan horse or other forms of corruptive code or content that may harm or compromise Sponsor’s web site or the proper conduct of the Promotion. Sponsor reserves the right to verify the accuracy or truthfulness of any information contained within a submitted Entry. Sponsor has the right in its sole discretion to determine if any Entry is not appropriate for publication on the site or for any other public release and if Entry is in compliance with these Official Rules. Sponsor reserves the right to disqualify an Entry for any reason. Sponsor’s decisions are final and binding with respect to all matters relating to this Promotion.
- GENERAL CONDITIONS: Potential winning Entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an Entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Promotion will be void. Sponsor has the sole discretion to modify, cancel or suspend this Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion or Sponsor otherwise becomes incapable of running the Promotion as planned. Sponsor is not responsible for changes to Entrant’s contact information. No illegible, incomplete, forged or altered Entries will be accepted. Sponsor has the sole discretion to disqualify Entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other Entrant. Sponsor has no obligation to return any Entry consideration, if applicable, submitted by a disqualified Entrant.
- RELEASE: As a condition of participating in the Promotion, Entrants release Instagram, the Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for or participation in the Promotion, or possession, acceptance or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
- FORCE MAJEURE: If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of fire, flood, earthquake, storm or other natural disasters, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion.
- LIMITATIONS ON LIABILITY: The Promotion Entities are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely Entries that may limit Entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to Entrant's or any other person's computer relating to participation or inability to participate in the Promotion; inability to access the site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the site is not considered proof of delivery or receipt. Illegible, duplicate and incomplete Entries will be disqualified. False, fraudulent, or deceptive Entries or acts, as determined by Sponsor, render Entrants ineligible and all associated Entries will be void. In the event winner engages in behavior/participation or involvement in or during UOMA Beauty Carnival Challenge that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor may disqualify Entrant at Sponsor’s sole discretion. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ACTIVITY RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S USE OF THE PRIZE. WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
- DISPUTES & GOVERNING LAW: Each Entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or the prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state courts in Los Angeles, California; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will any Entrant be entitled to receive attorneys' fees or any other legal costs; (iii) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Promotion will be decided by binding arbitration. All disputes between Entrant and the Sponsor of whatsoever kind or nature arising out of these Official Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Los Angeles, California, area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants or Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
- WINNER LIST: To obtain a winner list by mail, send a stamped, self-addressed envelope to “UOMA Beauty Carnival Challenge”, Attn: UOMA Beauty, 5432 W. 104th Los Angeles, CA 90045 . Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received by April 30, 2020.
- SPONSOR: UOMA Beauty Inc, 5432 W. 104th Street, Los Angeles CA 90045. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.