NYX PROFESSIONAL MAKEUP
MAKEUP CREW PRO PROGRAM TERMS AND CONDITIONS
Updated: September 14, 2017
As of September 14, 2017 the NYX Professional Makeup Professional Discount Program is now the NYX Professional Makeup “Makeup Crew Pro” Program. Please read the following carefully as there have been changes to the program.
PLEASE READ CAREFULLY. By participating, you agree to the following rules governing the NYX Professional Makeup Crew Pro Program, including, where permitted, binding arbitration in the event of any disputes involving your purchase or participation. You need not join to purchase products at www.nyxcosmetics.com OR ANY RETAIL LOCATION. IF YOU DO NOT AGREE WITH THESE RULES, PLEASE DO NOT ENROLL.
- Overview of the NYX Professional Makeup Crew Pro Program: The Program is Sponsored by NYX Professional Makeup ("Sponsor") through which qualified individuals (“Member”) receive discounts when purchasing products on www.nyxcosmetics.com and in NYX Professional Makeup retail stores. Membership benefits are valid only at www.nyxcosmetics.com and in NYX Professional Makeup REtail stores.
- Eligibility: THE PROGRAM IS OPEN TO RESIDENTS OF THE FIFTY (50) UNITED STATES, EXCLUDING PUERTO RICO, AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT THE TIME OF REGISTRATION, WHO ARE LICENSED COSMETOLOGISTS OR LICENSED ESTHETICIANS, OR STUDENTS WHO PROVIDE AND MAINTAIN A VALID EMAIL ADDRESS AND PROVIDE ALL REQUIRED DOCUMENTATION.
- Enrolling in the Program: THE PROGRAM IS AVAILABLE TO PROFESSIONAL COSMETOLOGISTS/ESTHETICIANS OR STUDENTS. TO APPLY, GO TO: www.nyxcosmetics.com/makeup-crew-pro.htmlTO COMPLETE AND SUBMIT AN APPLICATION. IN ORDER TO APPLY YOU MUST HAVE AN ACTIVE NYX MAKEUP CREW ACCOUNT. REGISTERING FOR AN ACCOUNT IS FREE. TO ENROLL, YOU MUST PROVIDE YOUR FULL NAME, MAILING ADDRESS, EMAIL ADDRESS, PHONE NUMBER AND PHOTO IDENTIFICATION. PROFESSIONAL COSMETOLOGISTS/ESTHETICIANS MUST UPLOAD A VALID COSMETOLOGY OR ESTHETICIAN LICENSE OR CERTIFICATE. STUDENTS MUST UPLOAD PROOF OF CURRENT ENROLLMENT AT A LICENSED SCHOOL OF MAKEUP ARTISTRY. 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:
- Membership period begins upon application acceptance and ends December 31 of the enrollment year.
- Members receive a thirty percent (30%) discount on NYX Professional Makeup purchases up to purchases of two thousand dollars ($2,000) in product.
- Discount excludes items marked as sale or new on www.nyxcosmetics.com, in-app and in NYX Professional Makeup stores and cannot be applied to previous purchases or used with any other promotion.
- Opportunities to partner with NYX Professional Makeup:
PROGRAM BENEFITS APPLY SOLELY TO PURCHASES MADE ON www.nyxcosmetics.com and in NYX Professional Makeup retail stores. Purchases at NYX counters in retail stores, pharmacies or other third party retailers and e-tailers are not eligible.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
SPONSOR: NYX Professional Makeup, 2201 E. EL SEGUNDO BLVD, EL SEGUNDO CA 90245