Benefit Brow Search Contest - Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the Benefit Brow Search Contest (the “Promotion”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Benefit Cosmetics LLC (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection and scoring of entries and the overall administration of the Promotion. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion.
- ELIGIBILITY: The Promotion is only open to legal residents of the 50 United States and the District of Columbia, age 18 or older at time of entry (individually “Entrant”, collectively “Entrants”). Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, agencies, and the judging panel and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter, win or vote. Void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. All Entrants must be able to travel during the dates of Arch Academy (June 16th, 2019 – June 20th, 2019) to be eligible to enter.
- TIMING: The Promotion begins March 15, 2019 at 8:00 AM Pacific Time (“PT”) and ends on April 30, 2019 at 11:59 PM PT (the “Promotion Period”).
- HOW TO ENTER: As part of your Entry (defined below) you will be required to post two (2) photos to Instagram (each photo a “Promotion Post”), with each post recreating a different Benefit Brow Style (defined herein), using only Benefit brow products. Benefit Brows Styles include only a feathered, natural, straight, or contour brow style (collectively, “Benefit Brow Style”), examples of which are shown above. Promotion Posts must have been created by Entrant, and Entrant must have permission of any person who appears or is identified in the Promotion Post. If any minors appear in the Promotion Post, the Entrant must be that minor’s parent and/or legal guardian. To enter the Promotion, upload your Promotion Posts to Instagram, tagging @benefitcosmetics and using hashtag #benefitbrowsearch and #benefitbrows (“Entry”). Every two (2) unique Promotion Posts will be counted as one (1) Entry. Your Instagram account must be public and thus viewable by Sponsor. To be valid, Entries must be received no later than April 30, 2019 at 11:59 PM PT.
- ENTRY CONDITIONS: Limit two (2) Entries per person per day. In case of dispute, Entries will be deemed made by the authorized account holder of the Instagram account or e-mail address submitted with or associated with the Entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account or e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The use of multiple Instagram accounts by one (1) person to enter above the stated limit is specifically prohibited and may cause disqualification. Each potential winner may be required to show proof of being the authorized account holder.
- JUDGING: The following factors will be used to judge each Entry by Sponsor’s representatives: (i) sixty percent (60%) makeup artistry/application skill to accurately recreate a Benefit Brow Style, twenty percent (20%) usage of Benefit brand to reinforce theme, and twenty percent (20%) clarity/quality of photo (“Judging Criteria”). Judging will begin on or about May 3, 2019. Sponsor’s representatives will score each Entry based on the Judging Criteria. The twenty (20) Entrants whose Entries receive the highest scores will be named the potential winners, pending verification of eligibility and compliance with these Official Rules.
- ODDS OF WINNING: The odds of winning depend on the total number of eligible Entries received and the skill of the Entrants.
- WINNER SELECTION: Winners will be selected based on the Judging Criteria from valid Entries received during the Promotion Period. Each potential winning Entrant will be notified via Instagram direct message and must respond within 24 hours from that date and time of the Sponsor’s notification message. If a potential winning Entrant does not respond within 24 hours or is determined by Sponsor to be ineligible, unqualified to participate in this Promotion, or in violation of these Official Rules, Entrant will be disqualified and the Entry with the next-highest score will be named the potential winner. Alternates will be contacted via Instagram direct message and must respond within 24 hours from that date and time of the Sponsor’s message. If a sufficient number of Entries are not received during the Promotion Period, Sponsor reserves the right to select fewer than the stated number of potential winners. Decisions of Sponsor and judges will be final and binding on all matters related to the Promotion.
- PRIZE: Twenty (20) winners will each receive a trip for one (1) to Arch Academy at Oheka Castle in Long Island New York from June 15th – 20th, 2019. Trip includes one (1) roundtrip coach ticket from the commercial U.S. airport nearest winner’s home to either Newark, JFK, or La Guardia airport; ground transportation to/from Arch Academy; four (4) nights’ standard accommodations (shared occupancy) at the lodging of Sponsor’s choice; and access to exclusive programming and activities at Arch Academy (approximate retail value $2,000). If the winner’s residence is located within 200 miles of New York, New York, air transportation will not be provided. Winners must be able to travel June 15, 2019 – June 20, 2019 and must accept prize in its entirety, or prize will be forfeited and an alternate winner may be selected. Travel dates are selected by Sponsor and are subject to change at the Sponsor’s sole discretion. Winners must work directly with Sponsor to book trip reservations no later than May 31, 2019. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s 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 these Official Rules and those set forth by airline carrier. Winners are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Winners must be at least 18 years of age or older and are solely responsible for obtaining any identification and travel documents necessary for travel. Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. Actual value of prizes may vary and Sponsor will not award the difference between approximate and actual values. Taxes on prize, if any, are solely the responsibility of the winner. Winners of a prize valued at $600 or more will receive a Federal Tax Form 1099. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Prizes may not be transferred, substituted, redeemed for cash or exchanged. While at Arch Academy the winners will be eligible to compete in an additional contest. The details of this additional contest will be provided at Arch Academy. The additional contest will have one (1) grand prize winner, who will win the opportunity for a social media partnership with Benefit and a cash prize of $50,000. The grand prize winner will be selected by qualified judges and will be judged based on objective judging criteria.
- REQUIRED DOCUMENTATION: Entrants may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in the notification correspondence. Any Entrant who fails or refuses to sign and return the required documentation within the time period as specified by Sponsor will be disqualified. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an Entrant (using the contact information provided) within a reasonable time period, as determined in Sponsor’s sole discretion, may result in disqualification and the forfeiture of any potential prize.
- GRANT OF RIGHTS: Each Entrant is responsible for his or her Entry and the consequences of posting or publishing it. In connection with the Entry, each Entrant affirms, represents, and warrants that: (i) Entrant owns or has the necessary licenses, rights, consents and permissions to use the Entry in the manner contemplated by Sponsor; and (ii) Entrant has obtained the written consent, release and permission of each and every identifiable individual person in the Entry to use that person’s name or likeness in the Entry and in the manner contemplated by Sponsor. By submitting an Entry to Sponsor, Entrant (i) waives any and all rights in and to any material submitted by Entrant in connection with this Promotion (including all moral and other rights of authorship); (ii) hereby acknowledges and agrees that Entries (including material submitted by Entrant in connection with the Promotion) become Sponsor’s property and will not be returned; and (iii) grants Sponsor the absolute right to edit, modify, publish, exploit and use an Entry, voice, actions, likeness, name, appearance, biographical material, written works, and all other information or materials that Entrant has provided or may provide in connection with this Promotion in any media, now known or hereafter devised, and in any manner, without further approval, permission or consideration, throughout the universe in perpetuity. Sponsor is under no obligation to use an Entry. Except where prohibited, participation in Arch Academy constitutes a winning Entrant’s consent to Sponsor’s use of the Entrant’s name, likeness, photograph, voice, opinions, and any other information submitted to Sponsor by Entrant, for promotional purposes, in any media worldwide without further payment or compensation.
- ENTRY REQUIREMENTS: Each Entry submitted (i) must be in keeping with the Sponsor’s image (as Sponsor determines in its sole discretion), (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, unlawful or plagiarized, (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iv) may not violate or encourage others to violate any law, statute, ordinance or regulation, (v) 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 right or any other third party right, (vi) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor, (vii) may not include references to alcoholic beverages, tobacco, drug paraphernalia, firearms or any depiction or representation thereof and (viii) may not include any virus, worm, corrupt file, Trojan horse or other forms of corruptive code or content that may harm or compromise Sponsor’s web site or the proper conduct of the Promotion. Sponsor reserves the right to verify the accuracy or truthfulness of any information contained within a submitted Entry. Sponsor has the right in its sole discretion to determine if any Entry is not appropriate for publication on the site or for any other public release and if Entry is in compliance with these Official Rules. Sponsor reserves the right to disqualify an Entry for any reason. Sponsor’s decisions are final and binding with respect to all matters relating to this Promotion.
- GENERAL CONDITIONS: Potential winning Entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an Entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Promotion will be void. Sponsor has the sole discretion to modify, cancel or suspend this Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion or Sponsor otherwise becomes incapable of running the Promotion as planned. Sponsor is not responsible for changes to Entrant’s contact information. No illegible, incomplete, forged or altered Entries will be accepted. Sponsor has the sole discretion to disqualify Entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other Entrant. Sponsor has no obligation to return any Entry consideration, if applicable, submitted by a disqualified Entrant.
- RELEASE: As a condition of participating in the Promotion, Entrants release Instagram, Oheka Castle, the Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
- FORCE MAJEURE: If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of fire, flood, storm or other natural disasters, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion.
- LIMITATIONS ON LIABILITY: The Promotion Entities are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely Entries that may limit Entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to Entrant's or any other person's computer relating to participation or inability to participate in the Promotion; inability to access the site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the site is not considered proof of delivery or receipt. Illegible, duplicate and incomplete Entries will be disqualified. False, fraudulent, or deceptive Entries or acts, as determined by Sponsor, render Entrants ineligible and all associated Entries will be void. In the event winner engages in behavior during travel to/from or participation or involvement in or during Benefit Brow Academy that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, or winner fails to participate in Arch Academy activities, including while in Long Island, NY, Sponsor reserves the right to terminate the travel and/or event early, and send winner home with no further obligations or compensation whatsoever to winner. In the event winner engages in behavior during travel to/from or participation or involvement in or during Brow Benefit Brow Academy (as determined by Sponsor in its sole discretion) that is illegal, tortious, or subjects winner to fines, arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S USE OF THE PRIZE. WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
- DISPUTES & GOVERNING LAW: Each Entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or the prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state courts in San Francisco, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will any Entrant be entitled to receive attorneys' fees or any other legal costs; (3) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Promotion will be decided by binding arbitration. All disputes between you and the Sponsor of whatsoever kind or nature arising out of these Official Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Francisco, California, area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants or Sponsor in connection with this Promotion, 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 or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
- WINNER LIST: To obtain a winner list by mail, send a stamped, self-addressed envelope to “Benefit Brow Search Contest”, Attn: Benefit Cosmetics, US Digital Marketing, 475 Sansome Street 6th Floor, San Francisco, CA 94111. Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received by May 31, 2019.
- SPONSOR: Benefit Cosmetics LLC, 475 Sansome Street 6th Floor, San Francisco, CA 94111. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.