NYX Professional Makeup x Coachella Music Festival 2019 Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.
1. PROMOTION: The NYX Professional Makeup x Coachella Music Festival 2019 Sweepstakes (the "Sweepstakes") starts on March 6, 2019 at 12:01 AM Eastern Time ("ET") and ends on March 21, 2019 at 11:59 PM Eastern Daylight Time ("Sweepstakes Period"). Sponsor's computer shall be the official timekeeper for all matters related to this Sweepstakes.
2. ELIGIBILITY: Open only to legal residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, 18 years of age or older at time of entry. Anyone under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi) at the time of entry must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these official rules. Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of NYX Professional Makeup ("Sponsor"), Coachella and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws.
3. TO ENTER: During the Sweepstakes Period 1) visit www.nyxcosmetics.com/coachella and complete and submit the official entry form. All online entries must be received by 11:59 PM ET on March 20, 2019 to be eligible. Limit one (1) entry per person, per email address for the duration of the Sweepstakes Period. Multiple entries received from any person or email address after the first entry received from that person or email address will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All entries become the property of Sponsor and will not be acknowledged or returned. If you choose to enter using your mobile device, standard data fees may apply. See your wireless provider for pricing plan details. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any social platform (i.e. Twitter, or Instagram or Facebook.) Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not to platform.
You may be asked to consent to receive promotional communications. Consenting is optional and is not required to participate in the Sweepstakes and will not improve your chances of winning.
4. REQUIREMENTS OF ENTRIES: Any photo, video or comment submitted in connection with the Sweepstakes: (i) must be original work of entrant; (ii) must be truthful and accurate; (iii) may not include any exaggerated product claims or criticisms of third party products; (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, unlawful or plagiarized, as determined by Sponsor in its sole discretion; (v) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsor in its sole discretion; (vi) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (vii) 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 rights or any other third party rights; (viii) may not contain commercial or corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Sponsor; and (ix) if found to be in violation of these rules will be disqualified and therefore removed from the Sweepstakes.
5. DRAWING: One (1) potential winner will be selected in a random drawing held on or about March 22, 2019 from all eligible entries received by Sponsor. Odds of winning depend on the number of eligible entries received.
6. WINNER NOTIFICATION: Potential winner will be notified on or about March 22, 2019 via Instagram. If user has enabled direct messaging on their Instagram account, potential winner will be notified via direct message on their Instagram account from Sponsor. If potential winner does not have direct messaging enabled, the potential winner will receive prize notification via a comment on their submitted Instagram photo/post from Sponsor. Potential winner may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, publicity release within three (3) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner, potential winner does not respond to Sponsor's communication with 48 hours from time of contact for any reason, or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor's discretion, an alternate winner selected. If a potential winner is an eligible minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
7. PRIZES: A trip for winner and one (1) guest to Los Angeles, California to attend Coachella from April 11-15, 2019 for winner and guest. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner's home (determined by Sponsor in its sole discretion) to Los Angeles, California; and four (4) nights/five (5) days hotel stay at a hotel determined by Sponsor in its sole discretion (single room, double occupancy) and VIP three (3) day access pass. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Winners are obligated to work with Sponsor's travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her place of residence, travel companion must be winner's parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companions are solely responsible for obtaining valid passports and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value ("ARV"): up to $4,898.00 USD. Actual value may vary based on airfare fluctuations, currency rate fluctuations, and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
8. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the sweepstakes, the processing of entries, the announcement of the prizes or in any sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the sweepstakes or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the sweepstakes and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Sponsor, Coachella and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, "Released Parties") will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize including any travel/activity related thereto; including any harm/injury caused from the use of a vehicle or participation in this sweepstakes. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
11. WINNERS' LIST: For the names of the winners (available after April 15, 2019), send a self-addressed stamped envelope to: NYX Professional Makeup X Coachella Music Festival Sweepstakes Winners, 2201 E. El Segundo Boulevard, El Segundo CA 90245, for receipt no later than October 15, 2019.
12. SPONSOR: NYX Professional Makeup, 2201 E. El Segundo Boulevard, El Segundo CA 90245