NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
THERE IS NO OBLIGATION TO USE OR SHOW SMASHBOX PRODUCT(S).
The PRIMER MODEL SEARCH CONTEST (the “Contest”) is open only to legal residents of the United States (excluding Alaska, Hawaii, and all United States territories and possessions, and where otherwise prohibited by law) who, at the time of entry, are 18 years of age and the age of majority in their local jurisdiction. Void where prohibited by law. Employees of the Sponsor, or any of the Sponsor’s respective parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Contest, and their immediate family (spouse, parents and stepparents, siblings and stepsiblings, and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation via submission of an entry in accordance with these Official Rules constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon selected Entrant fulfilling all requirements set forth herein.
Smashbox Beauty Cosmetics, Inc., having a principal place of business at 8538 Warner Dr. Culver City, CA 90232 (“Smashbox” or “Sponsor”) shall act as the sole Sponsor and administrator of the Contest.
3. Contest Entry Period.
The Contest entry period starts on March 20, 2023 at 12:00:01 a.m. Pacific Time (“PT”) and ends April 10, 2023 at 11:59:59 p.m. PT (the “Contest Entry Period”). Entries received outside the Contest Entry Period will be void. Smashbox is the official timekeeper for this Contest.
4. How to Enter the Contest.
During the Contest Entry Period, to receive one (1) entry (“Entry”) in the Contest: (1) Entrant must have a public personal Tiktok social media account, (2) Entrant must follow @SmashboxCosmetics on Tiktok, (3) Entrant must post a Tiktok on their aforementioned account in accordance that meets the following guidelines: (a) Use hashtag “#SBX5SecondSkinContest” and tag @SmashboxCosmetics in the caption, (b) Show a “before” shot of face with bare skin, (c) Show an “after” transformation shot of the face with finished makeup, focusing on different facial features to highlight the makeup look.
Maximum of one (1) Contest entry per person during the Contest Entry Period. Entries beyond the permitted number are void.
Any Entry that is generated by a script, macro, bot or any other automated means will be deemed void. An Entrant may not register with multiple social media accounts nor may an Entrant use multiple devices or artifices to enter the Contest multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor’s discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
Entry must: (a) be the original work product of Entrant only; (b) be solely owned by Entrant and with no other person or entity having any right, title, or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. The Entry shall not show or mention any logo, company name, products in identifiable form or packaging, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, except for the Smashbox brand. The Entry shall not contain any animals not owned by Entrant. The Entry shall not include any property names or physically identify a property by photographing their front sign or any other unique identifying feature or distinguishable architecture. Entrant shall not directly or indirectly include any trademark, logo, or intellectual property in his/her Entry in any way unless owned exclusively by Entrant and in such case the Sponsor are permitted to use such intellectual property pursuant to the license granted by Entrant above. If someone other than the Entrant has taken, captured or created the content contained within the Entry, Entrant must have prior written permission from such person to submit such content as part of the Entry, and Entrant must be able to obtain a signed release from such person and provide such release to the Sponsor upon the request of a Sponsor, in such Sponsor’s sole discretion. By submitting an Entry, Entrant represents his or her compliance with these terms.
By submitting an Entry, Entrant hereby grants to Sponsor the perpetual, irrevocable, sublicensable, transferable, non-exclusive, royalty-free, fully paid up, worldwide right and license to use, edit, modify, reproduce, print, publish, transmit, distribute, publish, stream, sell, perform, adapt, resize, enhance, display and make derivative works of the Entry, including without limitation any photo submitted in connection with the Entry.
The Entrant further understands and agrees that Sponsor shall have the absolute right, to refrain from or stop using the photos from the photoshoot (detailed below), if a Sponsor, in its sole discretion, determines at any time that the Entrant has committed any act or pursued any course of conduct that is not in keeping with the Sponsor’s positive image, that would tend to bring a Sponsor and/or any of its products into disrepute and/or that likely would damage or otherwise be detrimental to the reputation and goodwill associated with the Sponsor.
Sponsor may reject any Entry in its sole discretion if the Entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; promotes any unsafe activities; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in a Sponsor’s sole discretion. Entry must not duplicate or attempt to duplicate any other Entry or third-party works. Sponsor reserves the right in its sole discretion to disqualify any Entry that is a duplicate or substantially similar to another Entry and Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any other part of Official Rules.
5. Contest Winners Selection.
Entries that comply with these Official Rules will be evaluated by a qualified panel of judges selected by the Sponsor who will evaluate each Entry based on the following judging criteria of the submissions:
Reflects Smashbox values of the creative spirit (25%);
Expression of finished makeup look(s), including the completed makeup look for complexion, lips, and eyes (50%); and
Quality of video submission (25%).
The three (3) Entries with the highest score will be deemed the potential winners. In case of a tied score between two or more entries that would determine a winner, tied entries will be evaluated by a new judge (as chosen by the Sponsor), according to the original criteria, and the tied Entry with highest cumulative score by the new judge will be declared the potential winner.
The potential winners will be contacted by the Sponsor using the social media account used to enter the Contest. Failure by Entrant to respond to the initial verification within 48 hours of notification may result in disqualification, and Sponsor may, at their discretion, select an alternate winner the Entry with the next highest cumulative judge score. Odds of winning a Prize depend on the number of eligible entries received during the Contest Entry Period.
There are three (3) Prizes available in this Contest. Each verified winner (“Prize Winner”) will receive a modeling contract for a photoshoot at Smashbox Studios between the dates of 5/8/2023-5/19/2023. Each Prize includes round-trip coach-class air transportation from a major gateway airport near the Prize Winner’s residence in the United States to Los Angeles International Airport (LAX) (Prize Winner is responsible for transportation to/from major gateway airport and air transportation may include one (1) or more stops); ground transportation (determined by Sponsor in its sole discretion) between the above listed destination; standard hotel accommodations (single room, single occupancy) for two (2) nights. Total approximate retail value (“ARV”) of each Prize is US $2500.
The verified Prize Winners shall be available to take part in a photoshoot between the dates of 5/8/2023-5/19/2023. Entrant shall, without additional compensation, grant the Sponsor the perpetual, irrevocable, sublicensable, transferable, non-exclusive, royalty-free, fully paid up, worldwide right and license to use, edit, modify, reproduce, print, publish, transmit, distribute, publish, stream, sell, perform, adapt, resize, enhance, display and make derivative works of the photos taken during the photoshoot, provided however, each Sponsor in its sole discretion, shall choose if it shall use such photos.
All expenses and costs not expressly listed in these Official Rules are the sole responsibility of each verified Prize Winner. Verified Prize Winners will be responsible for all other expenses relating to the receipt of the Prize. Sponsor reserves the right to substitute the Prizes, in whole or in part, for one of equal or greater value. The verified Prize Winners are solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with their respective prizes. The verified Prize Winners will be required to complete and submit an IRS Form W-9 for receipt of any prize valued at $600 or more. Failure to submit a complete IRS Form W-9 when required will result in forfeiture of the Prize. Receipt of any Prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules. Odds of winning any Prize depend on the number of valid and eligible entries received during the Contest Entry Period.
The Verified Prize Winners further understand and agree that Sponsor shall have the absolute right, to refrain from or stop using the photos from the photoshoot, if a Sponsor, in its sole discretion, determines at any time that the verified Prize Winner in the photos has committed any act or pursued any course of conduct that is not in keeping with the Sponsor’s positive image, that would tend to bring Sponsor and/or any of its products into disrepute and/or that likely would damage or otherwise be detrimental to the reputation and goodwill associated with the Sponsor.
Sponsor is not responsible for any change of social media accounts of Entrants, nor is Sponsor responsible for any lost or damaged mail, including the Prize.
7. Verification of Potential Prize Winners.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISIONS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Any potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor may run a background check on any potential winner(s), including but not limited to reviewing potential Prize winner’s social media accounts and Google footprint. The potential Prize winner(s) may be required to execute and return to Sponsor for their receipt within five (5) business days of notification, an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law), and Model Contract (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsor may, but are not obligated to, exercise their rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Contest or receive the Prize; (e) potential winner cannot or does not comply with the Official Rules; (f) potential winner fails to fulfill the Affidavit-related obligations; or (g) potential winner does not pass the background check, the potential Prize winner shall be disqualified from the Contest and an alternate potential Prize winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received in accordance with these Official Rules. Sponsor reserve the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner, if any.
8. Entry Conditions and Release.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of each Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor and their respective parent, subsidiaries, affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives, shareholders, licensees, and advertising and promotion agencies (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s Entry, creation of an Entry or submission of an Entry, participation in the Contest, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, costs, expenses, damages, settlements, and other liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest and/or Entrant’s acceptance, use or misuse of any Prize.
Except where expressly prohibited by law, by submitting an Entry, each Entrant, on behalf of himself/herself acknowledges and agrees that, if selected as a finalist or the winner, Sponsor and Sponsor’s agents may post Entrant’s name, state of residence, and social media account on Sponsor’s websites and Sponsor’s social media accounts, including but not limited to Facebook, Twitter, TikTok, and/or Instagram. The Verified Prize Winners who accept a prize will be deemed thereby to have granted to the Sponsor the right, at any time and from time-to-time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, his/her name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.
10. General Conditions.
The Sponsor reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, (b) to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, (c) was ineligible to participate in the Contest, or (d) otherwise acted in an unlawful manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, the 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.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the social media account used to enter the Contest will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned a social media account by an Internet access provider, online service provider or other organization responsible for assigning social media accounts for the domain associated with the submitted social media account. Potential winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled.
11. Limitations of Liability.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (e) 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 Contest or receipt or use or misuse of any Prize. 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 Contest. No more than the stated number of Prizes will be awarded. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor(s) that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination pursuant to the above-listing judging criteria.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT, EXCEPT AS SET FORTH IN THE MODEL CONTRACT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, 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;
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST, USE OF ANY PHOTOS PROVIDED BY CONTESTANTS, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSOR OR THEIR PARENT, SUBSIDIARIES OR AFFILIATED COMPANIES, OR ACCEPTANCE OR USAGE OF A PRIZE OR ANY PORTION THEREOF, AND INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ENTRANT AGREES THAT THE AGGREGATE LIABILITY OF THE SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $10.00. Limitations or exclusions of liability subject to all applicable federal, state and local laws and regulations.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Except as set forth in the Model Contract or where prohibited by law, as a condition of participating in this Contest, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, including but not limited to the 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 JAMS and held at the JAMS regional office nearest the Entrant; (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 any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
13. Entrant’s Personal Information.
14. Contest Results.
For Contest results, send a hand-printed, self-addressed, stamped envelope to: Attn: PRIMER MODEL SEARCH CONTEST 8538 Warner Dr. Culver City, CA 90232. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Contest Entry Period.
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