#NYXCOSMETICSUSQ Grand Opening Weekend
*The first 300 customers in line when the doors open at 9AM ET on 10/28/16, 9AM ET on 10/29/16 and at 10AM ET on 10/30/16 will each receive one limited edition NYX makeup bag, and one randomly selected scratch-off card. Offer only valid at the NYX Professional Makeup store at Union Square.
**NYX Union Square Grand Opening Scratch-off Disclaimer: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Only open to legal residents of the United States, 13+. Game cards issued in-store on a first-come, first-served basis from 10/28/16 - 10/30/16 only. For odds and official rules see http://www.nyxcosmetics.com/UnionSquareGORules.html or Store Associate. Game card may only be redeemed in-store on day of promotion, and must be surrendered upon redemption. Limit one per customer, while supplies last. Offer cannot be combined with any other coupon, offer or promotion. All potential winners are subject to verification before any prize will be awarded. Only the stated number of prizes will be awarded. Sponsor: NYX Los Angeles, Inc., 2201 E. El Segundo Blvd., El Segundo, CA 90245.
***Offer valid for one NYX Mini Train Case with any purchase of $75 or more from 10/28/16 - 10/30/16 at the NYX Professional Makeup store at Union Square only. Minimum purchase required and does not include sales tax, shipping and handling, gift wrap fees, or other items noted as ineligible. Quantities are limited and offer is subject to availability. Limit one per customer, while supplies last. NYX Cosmetics reserves the right to limit quantities of items purchased.
****Meet up wristbands are issued on a first-come, first-served basis starting at 9AM ET ONLY on days with scheduled meet ups. Wristbands limited to the first 200 customers, while supplies last. All meet up details will be announced on our Facebook EVENT PAGE and on Instagram (@NYXCosmetics)
All Offers: Only valid in the US. Not valid on NYXCosmetics.com. Not valid toward previous purchases or toward the purchase of gift cards, sales tax or shipping charges. Cannot be combined with any other coupon, offer, promotion or program discounts. No cash-value. Not valid for L'Oreal employees. Other restrictions, exclusions or terms may apply. NYX Cosmetics reserves the right to modify or cancel these promotions at any time without notice.
Grand Opening Rules- UNION SQUARE
NYX Union Square Grand Opening Scratch-Off Disclaimer
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of United States, 13+. Game cards issued on a first-come, first-served basis, while supplies last on October 28 through October 30, 2016, in-store only. For odds and official rules see NYXCosmetics.com/UnionSquareGORules.html or see Store Associate. Card must be redeemed on day of promotion, in-store only; customer must surrender card upon redemption; limited to one per customer; cannot be combined with any other offer. All potential winners are subject to verification before any prize will be awarded. Only the stated number of prizes will be awarded. Sponsor: NYX Los Angeles, Inc., 2201 East El Segundo Boulevard, El Segundo, CA 90245.
NYX Union Square Grand Opening Scratch-Off Giveaway Official Rules NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. GAME PIECES WILL BE HANDED OUT ON A WHILE SUPPLIES LAST BASIS.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. The NYX Union Square Grand Opening Scratch-Off Giveaway (the “Promotion”) is open only to individuals (not groups) who are at the time of entry: (i) legal residents and physically located in one (1) of the fifty (50) United States; (ii) at least thirteen (13) years of age or older; and (iii) present at NYX Union Square retail store [October 28, 2016 to October 30, 2016], the time and date when the Promotion is offered (each a “Promotion Event”). Employees, officers and directors of NYX Los Angeles, Inc. (“Sponsor”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and distributors (collectively, the “Promotion Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Promotion or win a prize. For purposes of this Promotion, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law.
By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Any individual’s act of accepting and/or scratching off a Game Piece (defined below) is deemed to be acceptance of these Official Rules.
- Promotion Period. The Promotion will be offered only at the Promotion Event and the Promotion is over at such time as all Game Pieces have been distributed by Sponsor at the Promotion Event.
- How to Participate. To participate, eligible individuals must visit participating NYX Store during the Promotion Period. Next, individuals should ask Sponsor’s retail store associate for a Scratch-Off coupon (each a “Game Piece”), while supplies last. Once you have a Game Piece, you will scratch-off portion of coupon to reveal one of eleven offers: $100 Shopping Spree, $50 Shopping Spree, $25 Shopping Spree, $5 Off Purchase of $25 or More, NYX Makeup Palette; NYX Face Palette; NYX Simply Set; NYX Matte Lipstick Set; NYX Butter Gloss Set; NYX Mirror or NYX Butter Lipstick.
There is a limit of one (1) Game Piece per person for the Promotion Period.
- Prize Redemption. To redeem a Winning Game Piece, visit the register located in the NYX store and present your Winning Game Piece to Sponsor’s sales associate. All Prize claims must be made prior to the conclusion of the Promotion Period. Prize claims are subject to verification and compliance with these Official Rules, which will be determined in Sponsor’s sole discretion. Receiving a prize is contingent upon compliance with these Official Rules. Prize winner may be required to complete, sign and submit an affidavit of eligibility/liability release and a publicity release (“Prize Acceptance Document”). If these documents are not properly executed or if a potential winner does not otherwise comply with these Official Rules, their prize will be forfeited. If any potential prize winner is found to be ineligible or declines a prize for any reason prior to award, such potential winner may be disqualified. If a winner does not complete and submit the Prize Acceptance Document, if required, at the time of prize pick-up, their prize may (in Sponsor’s sole discretion) be forfeited. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Each prize will only be awarded at the store during the day of the Promotion Event to any winner that is confirmed by Sponsor’s store representative as eligible.
Game Pieces that are forged, altered mechanically or reproduced will not be accepted and will be void. All Game Pieces must be obtained legitimately as detailed in these Official Rules. Game Pieces may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules. Any Game Piece will be void if it fails to pass anti-fraud detection measures, or if determined by Sponsor, in its sole discretion, to be unauthorized, illegitimately obtained or if it contains an unauthorized message, code, or other marking not issued by Sponsor for use in the Promotion, or if it is defective, contains other mechanical/electronic errors, is produced in error, illegible, unreadable, or blank or contains a seeding, typographical, mechanical or other errors, or does not contain proper security devices. No prize claim will be valid if a person's participation is associated with any Game Piece deemed void for any reason. Sponsor's sole liability and responsibility for any irregular Game Pieces shall be limited to replacement of another Game Piece (while supplies last). No third party entry or entry through a Promotion or other promotional service is permitted. Game Pieces that have been tampered with or altered are void. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION. To the extent that the Game Pieces mistakenly award more prizes then contemplated by Sponsor in connection with this Promotion, Sponsor may void all Game Pieces and cancel the Promotion, in its sole and absolute discretion. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
- Odds. $100 Shopping Spree: 1:300; $50 Shopping Spree: 1:300; $25 Shopping Spree: 5:300; $5 Off Purchase of $25 or More: 50:300; NYX Makeup Palette: 10:300; NYX Face Palette: 10:300; NYX Simply Set: 35:300; NYX Matte Lipstick Set: 35:300; NYX Butter Gloss Set: 35:300; NYX Mirror: 40:300 or NYX Butter Lipstick: 78:300.
- Prizes and Values. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to not award a prize to that individual. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state, provincial and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before their prize is awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. There is a limit of one (1) prize per person for the entire Promotion.
- General Release. By entering, entrants agree to release, indemnify, defend and hold harmless Promotion Entities, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or in part, directly or indirectly, from participation or attempting to participate in the Promotion or from acceptance, possession, misuse, award or use or misuse of any prize or while participating in, traveling to, and/or preparing for any Promotion or prize-related activity.
- Publicity Release. Subject to applicable law, winners irrevocably grant the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation (such as further payment), notice or consideration except for the awarding of the prizes to the winners.
- General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human 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; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize; or (8) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, if it is possible. If the Promotion, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with a Game Piece.
- Entry Information and Promotion Communications. As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner's list.
- Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Dispute Resolution/Arbitration. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, CA; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- List of Promotion Winners/Official Rules Requests. List of Promotion Winners/Official Rules Requests. To receive a list of winners, send a stamped self-addressed envelope prior to November 2, 2016 to: ”NYX Union Square Grand Opening Scratch-Off Giveaway” Winner’s List, NYX Los Angeles, Inc., 2201 East El Segundo Boulevard, El Segundo, CA 90245 (Attn: Retail Marketing). Please indicate the location (i.e., address) of the store that held the Promotion Event in your request. For a copy of these Official Rules, prior to the end of the Promotion Period, send a legal-size, self-addressed, stamped envelope to: “NYX Union Square Grand Opening Scratch-Off Giveaway” Official Rules, NYX Los Angeles, Inc., 2201 East El Segundo Boulevard, El Segundo, CA 90245 (Attn: Retail Marketing).
- Sponsor. This Promotion is sponsored by NYX Los Angeles, Inc., 2201 East El Segundo Boulevard, El Segundo, CA 90245.