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NYX PROFESSIONAL MAKEUP DISCOUNT PROGRAM
TERMS AND CONDITIONS
Last Updated May 19, 2017
PLEASE READ CAREFULLY. BY PARTICIPATING, YOU AGREE TO THE FOLLOWING RULES GOVERNING THE NYX PROFESSIONAL MAKEUP DISCOUNT PROGRAM, INCLUDING BINDING ARBITRATION IN THE EVENT OF ANY DISPUTES INVOLVING YOUR PURCHASE OR PARTICIPATION. YOU NEED NOT JOIN TO PURCHASE PRODUCTS AT nyxcosmetics.com OR ANY RETAIL LOCATION. IF YOU DO NOT AGREE WITH THESE RULES, PLEASE DO NOT ENROLL.
- Overview of the NYX Professional Discount Program: The NYX Professional Makeup Discount Program (the "Program") is Sponsored by NYX Professional Makeup ("Sponsor") through which qualified individuals ("Member") receive discounts when purchasing products on www.nyxcosmetics.com. Membership benefits are valid only at www.nyxcosmetics.com.
- Eligibility: The NYX Professional Makeup Discount Program ("Program") is open to residents of the fifty (50) United States, excluding Puerto Rico, and District of Columbia who are 18 years of age or older at the time of registration, who are licensed cosmetologists and non-certified makeup professionals, freelancers or students who provide and maintain a valid email address. The Program is provided to individuals only. Corporations, associations, groups, commercial customers and others purchasing items for resale may not participate. Employees of Sponsor are ineligible to participate in Program. The Program is void where prohibited by law.
- Enrolling in the Program: The Program is available to Professional Cosmetologists or Non-Certified Make-up Professionals, Freelancers or Students. To apply, submit an application by completing these steps: 1) go to www.nyxcosmetics.com and sign into your user account; 2) click on "Professionals" tab located at bottom of page; 3) choose appropriate Membership level (Professional Cosmetologists or Non-Certified Make-up Professionals, Freelancers or Students) and complete and submit application. In order to apply you must have an active www.nyxcosmetics.com user account. Registering for an account is free. To enroll, you must provide your full name, mailing address, email address and phone number as well as the information listed below. PROFESSIONAL COSMETOLOGISTS MUST UPLOAD A PHOTO ID AND A VALID COSMETOLOGY LICENSE OR CERTIFICATE.NON-CERTIFIED MAKE-UP PROFESSIONALS, FREELANCERS OR STUDENTS MUST UPLOAD A) PHOTO ID; B) PROOF OF CURRENT ENROLLMENT AT AN ARTISTRY BASED SCHOOL OR CERTIFICATE PROGRAM OR CURRENT AGENCY COMP CARD/PROOF OF AGENCY REPRESENTATION.ENROLLMENT WILL BE CONFIRMED WITH A WELCOME MESSAGE AT THE EMAIL ADDRESS PROVIDED. ONE (1) ACCOUNT PER PERSON AND PER EMAIL ADDRESS. THE PERSON WHO IS THE AUTHORIZED EMAIL ACCOUNT HOLDER OF THE EMAIL ADDRESS INDICTED WHEN REGISTERING IS DEEMED TO BE THE MEMBER.
- Program Rewards: Program benefits are as follows:
- 30% discount on most NYX Professional Makeup products (valid at NYX Professional Makeup retail stores and www.nyxcosmetics.com)
- No annual fee
- Opportunities to partner with NYX Professional Makeup:
- Brand-sponsored professional artist at events
- Content co-creator
- NYX Professional Makeup retail store resident artist
- Pro-dedicated emails with exclusive content and special offers
PROGRAM BENEFITS APPLY SOLELY TO PURCHASES MADE ON www.nyxcosmetics.com. PURCHASES AT NYX PROFESSIONAL MAKEUP STORES, NYX PROFESSIONAL MAKEUP COUNTERS IN RETAIL STORES, PHARMACIES OR OTHER THIRD PARTY RETAILERS AND E-TAILERS ARE NOT ELIGIBLE FOR THE NYX PROFESSIONAL MAKEUP DISCOUNT PROGRAM.
- Purchases will post to your Program account approximately 72 hours from purchase date, delivery date, shipment date or retailer purchase upload date. Discounts are based on dollars spent on qualifying purchases or other qualifying behaviors.
- Sponsor reserves the right to change the discount percentage for purchases at any time during the Program.
- Sponsor may make offers selectively available to members, based on purchase activity, geographic location, program participation, or other factors.
- From time to time, Sponsor may also provide members with an opportunity to earn additional benefits through participation in site activities, such as watching videos, posting reviews/uploading user content ("User Generated Content") in social media.
- Program Rewards: Program benefits are as follows:
- Duration of Membership: Membership is valid for a period of twelve (12) months from time of acceptance of application. At the end of the Membership period, Members must re-apply to program and provide all requested information and documentation. In the event the Program is terminated early, Member's ability to use discounts will end. Sponsor will advise Member of any change in Program timing by email or by posting the updated Terms on the website.
- User Generated Content: If Members choose to post comments regarding NYX Professional Makeup ("User Content"), we ask that you follow these rules:
- must be at least 18 years old, the sole author and owner;
- must disclose any material connection to Sponsor including receipt of free product samples for review purposes or other compensation or affiliation;
- must represent your sole opinion and must be true and accurate;
- must have permission from any other person(s) featured in your submission;
- must not infringe on any patents, trademarks, trade secrets, copyright, right of publicity, privacy right or other right of any party;
- must not include any information that references other websites or personal information such as addresses, email addresses, contact information, phone numbers, credit card information, etc. for you or anyone else that can be used to track, contact or impersonate that person;
- you grant Sponsor, and its affiliates, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property ("IP") content that you post like photos and videos;
- all "moral rights" that you may have in the User Posting has been voluntarily waived by you.
- Returned Purchases: If an item is returned, the returned dollar amount will be added back to your quarterly account balance. Returns shall be processed in accordance with the www.nyxcosmetics.com Return Policy available at https://www.nyxcosmetics.com/returns_exchanges.html.
- Account Activity:
- Each Member is responsible for ensuring the accuracy of his/her Account and should check his/her Account regularly. Each Member is responsible for ensuring that the mailing address and the email address associated with his/her Account is accurate and up to date. Changes to an Account or Account Information may only be made by the Member to whom the Account belongs. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Member participating in the Program.
- Upon termination of a Membership/Account for any reason, account balance will be deleted.
- Memberships/Accounts cannot be transferred to another person.
- Duplicate Accounts:
- Only one account per person per email address. In the event of a dispute over ownership of an account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online 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.
- If more than one (1) account is assigned to an individual, or if an individual opens more than one (1) account, Member will only receive benefits for one (1) account. Duplicate Accounts will be cancelled.
- Inactive Accounts
- In the event an Account is inactive for any given 365 day period, the member Member's account will be deactivated, including forfeiture of any earned benefits. Inactivity is defined as no purchases made on www.nyxcosmetics.com. In order to reactivate an account a Member must reapply to the Program.
- Sponsor reserves the right to deactivate an Account in which Member acted in fraudulent or unsportsmanlike activity or technical failures of any kind.
- Membership Cancellation: You may cancel your membership in the Program at any time by calling 1-844-335-3510 or submitting your request here.
- Communication: As a member, you will periodically receive emails from Sponsor. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in the Program. Examples of these are: the welcome email, a Program confirmation email, a monthly account update email, or other communications that help us to ensure that your account is monitored.
- General Program Conditions and Exclusions:
- Artwork, photography, and logos, including those for Sponsor used in conjunction with Program, on this web site or in print are copyrighted intellectual property of NYX Professional Makeup. These materials may not be reproduced, replicated or doctored in any manner. All other material, including text, photos, and design, is copyright to NYX Professional Makeup and may not be reproduced elsewhere without explicit written permission. All sales and marketing brochures are to be used as reference only and not to be duplicated, printed or reproduced for commercial use.
- Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if there is any evidence of virus, worms, bugs, non-authorized human intervention, or any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Program, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including Attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
- By enrolling in Program, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any data that is untrue, inaccurate, not current or incomplete, or if Sponsor, in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete or that you are in any way abusing your membership in the Program, Sponsor reserves the right to suspend, terminate or refuse your participation.
- Discounts are not valid unless earned in strict compliance with the requirements set forth and intended by Sponsor and member shall not attempt to earn discounts by any means (including without limitation, by using any script, bot, data mine or other automated means) that only simulates applicable requirements. In the case of a dispute regarding the quarterly balance available to any member, Sponsor’s decision will be final. Upon termination of membership for any reason, all Program benefits will be forfeited and Sponsor will not provide cash equivalent for Program benefits.
- By enrolling in Program, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Program, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Sponsor’s Site Terms and Conditions or any Other Agreement.
- You further agree not to (a) upload any content that imposes an unreasonable or disproportionately large load on Sponsor computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Sponsor, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of Sponsor; (d) harvests, scrapes or collects any information from www.nyxcosmetics.com.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
- Program is not transferable in the event of death or divorce and does not constitute property of Member.
- Release:By participating in Program, each Member agrees to release and hold harmless Sponsor and its respective parents, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, losses or damages of any kind, including personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of any Product or coupon.
- Limitation of Liability: The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor nor respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ("Releasees") shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A MEMBER ANY DISCOUNT, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF DISCOUNT. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. SPONSOR, its officers, directors, employees, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Rewards Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR, ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program. By participating in the Sponsor Discount Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in SPONSOR Rewards, use of points or rewards, or agreement to these Terms. Sponsor is not responsible for requests or correspondence lost or delayed in the mail.
- Arbitration/Choice of Law: This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations. Sponsor and member each agree that any dispute, claim, or controversy arising from or relating to this Program and these Terms or member’s Program membership will be resolved by binding arbitration conducted in the State of New York. Sponsor and member each acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. Sponsor and member each understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Program and these Terms will be consolidated with any other arbitration.
- Questions: If you have questions about your enrollment, these Terms, or Program, please contact Sponsor here or at our toll free number 1-844-335-3510.
SPONSOR: NYX COSMETICS, 2201 E. EL SEGUNDO BLVD, EL SEGUNDO CA 90245