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TERMS AND CONDITIONS

The FACE Freedom & Artistry for Creative Expression is a UK & ROI competition to find The NYX Professional Makeup National Artist of the Year (the "Competition").

The Competition is organised by L'Oréal (UK) Limited, a company registered in England and Wales with company number 271555 and whose registered address is 255 Hammersmith Road, London W6 8AZ, acting through its trading division NYX Professional Makeup (the "Promoter").

Please read these terms and conditions ("T&Cs") carefully. They govern your participation in the Competition. By participating in the Competition, you unconditionally accept and agree with these T&Cs.

SECTION 1: TERM

The Competition will commence at 9am UK time on Monday 23rd May 2019 and end on Friday 20th September 2019, however the initial entry Phase (Phase 1) during which initial entries may be submitted shall end at 11.59pm UK time on Monday 10th June 2019.

SECTION 2: ENTRY REQUIREMENTS

• Entry into the Competition is free of charge. No purchase is necessary.
• The Competition is open to UK and ROI residents aged 18 and over. We reserve the right to ask for proof eligibility.
• This Competition is open to both amateur and professional make-up artists as long as their participation in this Competition does not result in a conflict of interest with any pre-existing third party agreements.
• In order to participate, you must have internet access, a public Instagram account (and follow @NYXCosmetics_UK) and additionally a public YouTube account.
• Entrants must comply with the Instagram Terms, Instagram Privacy Policy and Instagram API Terms.
• Entrants must comply with the YouTube Terms, available here and YouTube Community Guidelines available here.
• Entrants must comply with the Facebook Terms, available here.
• Only one valid entry per person will be counted. Bulk entries from trade, consumer groups or third parties will not be valid. Multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid.
• L'Oréal (UK) Limited employees, their immediate families, or any third party directly associated with the Competition are not eligible to enter.
• Any entries that do not comply with these T&Cs may be disqualified.

SECTION 3: COMPETITION MECHANICS

The Competition shall consist of 8 Phases:

Phase 1: Video entry on Instagram

Phase 1 will commence at 9am UK time on Monday 23rd May 2019 and will close at 11.59pm UK time on Monday 10th June 2019.

To enter, participants need to tag a colour Instavideo (lasting a maximum of 15 seconds) that best exemplifies their talent as an elite makeup artist, using the hashtag #FACEAWARDSUK on Instagram. The video can be a pre-existing video (as long as it has been created by the entrant) or one created specifically for this Competition. It must show the entrant performing a make-up tutorial on themselves. Entrants must ensure that there is no background music played in the video and that any other people featured in the Instavideo have consented to appear in the video.

All videos must comply with the video content guidelines in section 5 below and Instagram's Terms.

Once the Instavideo has been uploaded and tagged, entrants who comply with the entry criteria in these T&Cs will be asked by the Promoter to validate their entry by filling out an online form with their personal details and contact details. Entries will only be accepted if they are compliant with these T&Cs and entrants have agreed to the T&Cs via the online form.

A video gallery featuring a selection of entrants' videos and Instagram handles (as chosen at the Promoter's sole discretion) may be displayed at www.nyxcosmetics.co.uk and on the NYX Professional Makeup social channels and, by entering, each participant acknowledges and agrees to their entry and Instagram handle being featured.

Phase 2: First selection process.

The first selection process will take place between Tuesday 11th June 2019 and Friday 14th June 2019.

A panel of three judges, including at least two independent judges, shall select the best twenty (20) entrants based upon the following criteria:

• 40% Overall creativity of the look created
• 30% Artistry in makeup
• 20% Presentation of theme
• 10% Quality of the video production

The 20 selected entrants will make it through to Phase 3 of the Competition. They will be notified by email or phone, using information provided on the entry form no later than the end of the day on Friday 14th June 2019. Once the 20 entrants have been notified, their preferred name (being the preferred name provided on the entry form) will be published on www.nyxcosmetics.co.uk and on the NYX Professional Makeup social channels on Monday 17th June 2019. The 20 selected entrants will each be sent a selection of NYX Professional Makeup products so that they can participate in Phase 3 of the Competition as described below.

The decision of the judges will be final and no correspondence will be entered into.

Phase 3: First challenge – Proud Soul

Phase 3 will start at 9am UK time on Monday 17th June 2019 and finish at 11:59pm UK time on Sunday 30th June.

The 20 successful entrants will be asked to undertake their first challenge, which will be to post a 90 second colour video on their YouTube channel and tag it with the hashtag #FACEAWARDSUK. The video must show the participants performing a makeover or make-up tutorial, or explaining a make-up look that they have created themselves that exemplifies an "Proud Soul" look.

The 20 entrants must create their look using the NYX Professional Makeup products supplied to them on reaching the top 20 in accordance with Phase 2 above. The video must show the entrant performing a make-up tutorial on themselves in close-up. Entrants must ensure that there is no background music played in the video other than that provided by NYX Professional Makeup that any other people featured in the video have consented to appear in the video. Entrants should demonstrate which NYX Professional Makeup products they used to create the makeup look in this video and how.

The video must be uploaded in one of the following formats on YouTube:

MOV
.MPEG4
MP4
.AVI
.WMV
.MPEGPS
.FLV
3GPP
WebM

All videos must comply with the video content guidelines in section 5 below, YouTube's Terms and Facebook's Terms.

On Monday 1st July 2019, a video gallery featuring the top 20 entrants' videos and their names may go online at www.nyxcosmetics.co.uk and on the NYX Professional Makeup Social Channels to showcase the "Proud Soul" entries received.

Phase 4: Second selection process

The second selection process will take place between Monday 1st July 2019 and Friday 5th July 2019.

A panel of three judges, including at least two independent judges shall select the best ten (10) entrants based upon the following criteria:

• 40% Overall creativity of the look created
• 30% Artistry in makeup
• 20% Presentation of theme
• 10% Quality of the video production

The 10 selected entrants will make it through to Phase 5 of the Competition. They will be notified by email or phone, using information provided on the entry form no later than Friday 5th July 2019. Once the 10 entrants have been notified, their preferred names may be published on www.nyxcosmetics.co.uk and on the NYX Professional Makeup Social Channels on Monday 8th July 2019.

The decision of the judges will be final and no correspondence will be entered into.

The 10 selected entrants will each be sent a further selection of NYX Professional Makeup products so that they can participate in Phase 5 of the Competition as described below.

Phase 5: Second challenge – Living Art

Phase 5 will start at 9am UK time on Monday 8th July 2019 and finish at 11:59pm UK time on Sunday 21st July 2019.

The 10 remaining entrants will be asked to undertake their second challenge, which will be to post a 90 second colour video on their YouTube channel and tag it with the hashtag #FACEAWARDSUK. The video must show the entrant performing a makeover or make-up tutorial, or explaining a make-up look that they have created themselves that exemplifies a "Living Art" look.

The 10 entrants must create their look using the NYX Professional makeup products supplied to them upon reaching the top 10 in accordance with Phase 4 above. The video must show the entrant performing a make-up tutorial on themselves in close-up. Entrants must ensure that there is no background music played in the video other than tracks provided by NYX Professional Makeup and that any other people featured in their video have consented to appear in the video. Entrants should demonstrate which NYX Professional make up products they used to create the makeup look in this video and how.

The video must be uploaded in one of the following formats on YouTube:

MOV
.MPEG4
MP4
.AVI
.WMV
.MPEGPS
.FLV
3GPP
WebM

All videos must comply with the video content guidelines in section 5 below and YouTube and Facebook 's terms.

Phase 6: Public Vote and Judging

On Thursday 25th July 2019, a video gallery featuring the 10 successful entrants' videos will go online at www.nyxcosmetics.co.uk and NYX professional makeup social media channels to showcase the "Living Art" entries received as part of Phase 5.

A public vote will commence at 5pm UK time on Thursday 25th July 2019 and close at 11.59pm UK time on Thursday 1st August 2019.

The voting is open to anyone from the general public, excluding competition entrants. Voters should vote for their favourite video.

Voting is open via www.nyxcosmetics.co.uk

Only 1 (one) vote per person, per day will be counted. The 10 remaining entrants in the Competition are not permitted to vote.

All voting activity must be legitimate and fair. Fraudulent or deceptive voting practices are not permitted and may lead to disqualification. For the avoidance of doubt this includes, but is not limited to, soliciting votes using unconventional methods and/or offering payment for votes and/or any other irregular voting practice such as a sudden and unexplained spike in votes. The Promoter is allowed to disqualify any entry that it deems in its reasonable opinion subverts legitimate voting practices and no correspondence will be entered into.

The voting will close on at 11:59pm UK time on Thursday 1st August 2019.

After voting has closed, the Promoter will assign each of the 10 remaining entrants 1 to 10 points depending on the number of votes received (for example, the remaining entrant with the most votes will receive 10 points and the remaining entrant with the least number of votes will receive 1 point).

A panel of three judges, including at least two independent judges, shall then judge the 10 remaining entrants based on the following criteria:

• 40% Overall creativity of the look created
• 30% Artistry in makeup
• 20% Presentation of theme
• 10% Quality of the video production

Each of the 10 remaining entrants will then be given 1 to 10 points (10 being the most points) based on this judging.

The Promoter will then weight the points that each of the 10 remaining entrants have received through the voting (25 percent) and judging (75 percent) detailed in this Phase 6 and the top 5 based on the highest number of points will make it through to Phase 7 of the Competition (the "Finalists"). The relevant entrants will be notified by email or phone on Friday 16th August 2019.

In the event of a tie between one or more entries for a place as a Finalist, a panel of judges selected by the Promoter will choose which of the tied entries will progress as a Finalist based on the following criteria: (1) creativity of the look (25 percent); (2) presentation, educational value of the tutorial (25 percent); (3) artistry in the makeup application (25 percent); and (4) quality of the video production (25 percent).

Once the top 5 Finalists have been notified, their names will be revealed on www.nyxcosmetics.co.uk and on the NYX Professional Makeup UK social media channels on Monday 19th August 2019.

Phase 7: Third challenge - Creation of short film

The final challenge will be announced to the top 5 on Friday 16th August 2019 and to the public on Sunday 1st September 2019 and will take place in London between Monday 26th August 2019 and Friday 6th September 2019.

All 5 Finalists will be required to go to London for one full day between Monday 26th August 2019 and Friday 6th September 2019 (as decided and communicated by Promoter) to meet with a professional team of producers, stylists, and videographers and will be asked to create a 3 minute short film to participate in a half-day shoot to create the film (dates, times and exact location to be confirmed). The shoot will take place in London/Greater London. The 5 Finalists must to create their look using the NYX Professional Makeup products supplied to them on reaching the top 20 and top 10 in accordance with Phases 2 and 4 above.

The Finalists will meet with a professional team of producers, stylists, and videographers to compile a vignette for the final event described below in Phase 8. The vignette will consist of behind-the-scenes video footage shot by the Promoter and the Finalist during Finalist's preparation of the short film and at other times during the Finalist's visit to the Promoter's headquarters and/or studio(s).

For Finalists based outside of London, all economy travel (train or air, to be chosen by the Promoter) and one night's accommodation (standard double room on a B&B basis at a hotel with a ranking of 3* or more, as chosen by the Promoter) will be booked by or reimbursed by the Promoter. Reasonable return transfer costs from the Finalist's home to/from the airport/train station will be reimbursed to a maximum of £50 per transfer. Transfers within London will be provided. Meals and beverages required during the time of filming will be provided by the Promoter.

Finalists shall reasonably cooperate with the Promoter to arrange for the prompt booking of their travel arrangements. All airline or other travel tickets cannot be changed once booked unless the Promoter in its sole discretion consents. Any additional fees or penalties incurred as a consequence of the Finalist requesting any changes to any travel arrangements after they are booked are the sole responsibility of such Finalist and shall be deducted from the aforementioned £50 stipend as necessary. All Finalists are solely responsible for obtaining any necessary travel documents, including photo identification, visas and/or passports required for travel, including travel insurance.

Editing and approvals for the short films will take place between Friday 6th September 2019 and Friday 13th September. L'Oreal will be responsible for editing, however each Finalist must be available during this time to sign-off on the final editing.

The Promoter will conduct background checks to ensure that each Finalist is an appropriate fit with NYX Professional Makeup values to be eligible to take part in the campaign. Each Finalist may need to visit the NYX Professional Makeup offices as part of these checks. This would consist of reasonable background checks using publically available information to ensure that each Finalist fits with NYX Professional Makeup values of mutual respect, tolerance of all peoples and not expressing actions on/offline that would go against this. The Promoter may (in its sole discretion) decide whether a Finalist is aligned with the NYX Professional Makeup values.

Each Finalist must agree to sign a L'Oreal influencer agreement in the event that they are chosen as the Winner.

If a Finalist is not available for any aspect of this Phase 7 or does not agree to sign a L'Oreal influencer agreement in the event that they are chosen as the Winner, they forfeit their place as a Finalist and the Promoter reserves the right to replace such Finalist with the entrant with the next highest number of points from Phase 7 of the Competition.

Phase 8: Final event in London, between Monday 16th and Friday 20th September 2019.

The final event will take place between Monday 16th and Friday 20th September 2019 at a London location (time and exact location to be confirmed). The Finalists will be invited to the final and must attend in order to have a chance of winning the Competition. During the final, a panel of industry expert judges will announce which Finalist's short film is the best (the creator of that short film being the "Winner"), based on the following criteria:

• Composition - abstract thinking, unified presentation, balance and flow

• Technique - creative use of products and tools, exhibits finesse and style

• Innovation - thinks outside of the box, creates avant-garde looks, unique

• Kinetic - dynamic, spirited, fresh impact, strong personality

• Illuminative - articulate, well spoken, educative, good tutorials

The decision of the judging panel will be final and no correspondence will be entered into.

For Finalists based outside of London, all economy travel (train or air, to be chosen by the Promoter) and either one night's accommodation or two nights' accommodation, at the Promoter's sole discretion based on where the Finalist is traveling from (standard double room on a B&B basis at a hotel with a ranking of 3* or more, to be chosen by the Promoter) will be booked by or reimbursed by the Promoter. Reasonable return transfer costs from the Finalist's home to/from the airport/train station will be reimbursed to a maximum of £50 per transfer. Transfers within London will be provided. Meals and beverages required during the trip to London will not be included.

Footage of the awards ceremony will be posted on the NYX Professional Makeup social media channels and on www.nyxcosmetics.co.uk

The short films created by the 5 finalists may be showcased on www.nyxcosmetics.co.uk from Monday 23rd September 2019 until December 2019 and be made available to view on the NYX Professional Makeup social media channels indefinitely.

SECTION 4: PRIZES

The Winner of the Competition will receive the following prizes:

• £10,000 spending money (to be used in conjunction with the other parts of the prize as mentioned below);
• Attendance to the NYX Professional Makeup Global Awards on Friday 18th October 2019 in Los Angeles. The winner will be flown by economy flight to Los Angeles on Monday 14th October 2019 and will return on an economy flight to the UK on Saturday 19th October. The Promoter will arrange and pay for the return flights to and from a major UK/Ireland airport (such airport to be chosen at Promoter's discretion) and accommodation (standard double room on B&B basis at a hotel with a ranking of 3* or more), as well as attendance at the LA NYX Professional Makeup Awards. All other expenses associated with the prize must be paid by the Winner from the spending money of £10,000 described above;
• Attendance at a professional make-up course of the entrant's choosing in London. All expenses (other than the enrolment fee, which will be covered by the Promoter up to a maximum total value of £1,500) will need to be met by the winner from the £10,000 spending money described above; and
• The Winner will need to be present at 5 days' worth of NYX Professional Make-Up Events (specific dates to be confirmed) of which economy class travel will be booked by NYX Professional Make-Up for the Winner. The rights to any resulting images will belong to NYX Professional Make-up Global for 2 years from first publication.

It is the responsibility of the Winner to ensure that s/he is available to travel on the dates set out above and that s/he has a valid passport and/or visa (if necessary), as well as any travel insurance, as required to travel to the US.

The Winner shall reasonably cooperate with the Promoter to arrange for the prompt booking of his/her travel arrangements. All airline or other travel tickets once booked cannot be changed unless the Promoter in its sole discretion consents. Any additional fees or penalties incurred as a consequence of the Winner requesting any changes to any travel arrangements after they are booked are the sole responsibility of the Winner and shall be deducted from the £10,000 spending money.

If the prize is declined or if the Winner forfeits any of the prizes under these T&Cs, then the Promoter shall award the prizes described above to the finalist who was ranked second by the panel of judges in Phase 8 above. The Winner forfeits their prize if:

• within 3 weeks of being notified by Promoter, the Winner does not respond or does not provide their full name and relevant details (and if applicable, details for the prize to be despatched to in the eligible country or place of residence); or
• if a prize is rejected or returned undeliverable; or
• if an entry is invalid or an entrant is disqualified or in breach of these T&Cs.

The prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes. The Promoter reserves the right to substitute the prizes for other prizes of like value in the event that any element of the prizes or the entirety of the prizes is unavailable for any reason beyond the reasonable control of the Promoter. The winner shall be personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the prizes.

The name of the Winner can be obtained by sending a stamped, self-addressed envelope, before 31st October 2019 to the Promoter at 255 Hammersmith Road, London, W6 8AZ, referencing the Competition name.

SECTION 5: OTHER

Compliance with these T&Cs

Entries will only be accepted through the entry processes and platforms described in Section 3 of these T&Cs.

Incomplete, illegal, misdirected or late entries will not be accepted. Proof of sending or complying with the entry requirements will not be accepted as proof of receipt or entry. Promoter is not responsible for entries lost, damaged or delayed due to technical or connectivity or other problems.

All personal details and/or information given in the entry form or otherwise must be truthful, accurate and in no way misleading, and the Promoter shall have the right to request background checks or ask for additional information from any entrant to ensure the eligibility or identity of an entrant or their compliance with these T&Cs. The Promoter reserves the right to disqualify entrants if it has reason to believe that they have supplied untruthful, inaccurate or misleading personal details and/or information.

Forfeiture by participant

Where an entrant who is chosen in a Phase of the Competition to progress to the next Phase fails to acknowledge receipt of a communication from the Promoter that s/he has qualified for the next Phase within three (3) days of such notification, the Promoter may select an alternative entrant or finalist in accordance with the relevant criteria used to judge that specific Phase of the Competition.

Conduct of participants

Participants of this Competition must behave in a way that is decent, moral and professional. If a participant engages in any conduct or activity that the Promoter reasonably believes could bring the Competition or Promoter into disrepute, whether through their entry/entries, on social media or in person, or if a participant submits an entry which contains any third party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery, that participant may be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to Promoter’s competitor brands or that show any intention of promoting any brand other than Promoter brand. Where a participant is disqualified, the Promoter may select an alternative entrants or finalist in accordance with the relevant criteria used to judge that specific Phase of the Competition.

No association with YouTube, Instagram or Facebook

This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. You are providing your information to Promoter and not to Facebook, Twitter or Instagram. The information you provide will only be used as stated in these T&Cs. By entering the Competition, entrants will be deemed to have released Facebook, Twitter and Instagram from any and all liability arising from their participation in the Competition or out of, pursuant to, or as a result of the carrying out of the Competition.

Insufficient entries

If at any stage during the Competition insufficient entries are received, the Promoter may nevertheless proceed to the next applicable Phase of the Competition with the reduced number of participants who qualify for the next Phase.

Video content guidelines

Videos must be original to the entrant and must not infringe any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violate applicable laws. Each entrant represents and warrants that all permissions, if any are required, have been granted prior to submission of the entry. No licensed music, prominent trademarks, logos, company names or advertising of third parties are allowed.

Any entries which contain any abusive, inappropriate, offensive or obscene language or imagery may be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to Promoter’s competitor brands or that show any intention of promoting any brand other than Promoter brand.

Entrants' submissions, future submissions and quotes generated during any stage of the competition may be modified by the Promoter to fit in context with the content of the relevant usage, whilst maintaining the original sentiment.

SECTION 6: PUBLICITY AND AUTHORISATION TO USE ENTRANT MATERIALS

In entering the Competition, all entrants and the Winner agree to participate in any promotional activity relating to the Competition, which may include entry content, voice, image and name for publicity purposes (in any media, print or online, including any websites, social media sites or third party retailer websites) and in advertising, marketing or promotional material (whether or not related to the Competition) free of charge without additional compensation or prior notice. Promoter may modify any entry content to fit in context with the relevant usage, whilst maintaining its original sentiment.

Promoter shall own all the copyright and other intellectual property rights in the entries and any other materials (whether visual, oral or written) generated during the various stages of the Competition, in perpetuity and on a worldwide basis for use at Promoter's sole discretion including, without limitation, use in advertising, other media, press releases, editorial and promotional activity, point of sale material, Promoter's websites, third party websites (including Facebook, Instagram, Twitter and Youtube), newsletters and e-newsletters.

Accordingly entrants assign to Promoter any copyright and other intellectual property rights which exist in their participation in this competition and irrevocably waive any moral rights that could vest in them (which shall include their name, location and age) under the Copyrights, Designs and Patents Act 1988 or otherwise, and undertake to do all things necessary immediately on Promoter’s request to effect or confirm any assignment in this paragraph.

SECTION 7: LIABILITY

Neither Promoter nor agencies nor suppliers involved in this Competition may be liable to the Winner or any other entrant, whether arising from tort including negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this Competition or the prizes to the extent permissible by law. No compensation for loss of earnings will be paid by Promoter for participation in any aspect of this Competition.

SECTION 8: PRIVACY AND DATA PROTECTION

Any personal information that entrants share with the Promoter (including name, address, email, social media profile, or other data) will be kept secure and only used in line with Promoter’s Privacy Policy and these T&Cs. By entering the Competition, entrants agree that their information may be used by the Promoter and its suppliers to administer the Competition. The Promoter may contact entrants by email, post, phone, SMS or other means in relation to the Competition, but will not send entrants any marketing communication unless entrants have also agreed to this.

Where entries include images or videos of individuals other than the entrants, the entrant confirms that he/she has obtained the consent of that individual for their image or video to be used in accordance with these T&Cs.

SECTION 9: AMENDMENT OF THE RULES

Promoter reserves the right in its absolute discretion to amend or waive any of these T&Cs, or suspend or cancel the Competition at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these T&Cs).

If the conduct or outcome of the Competition is affected by human error, any mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, intentional interference or any event beyond the Promoter's control, the Promoter reserves the right to terminate this Competition, or make such other decisions regarding the outcome as the Promoter deems appropriate. All decisions will be made by the Promoter and are final.

SECTION 10: GOVERNING LAW & JURISDICTION

English law applies and the English courts shall have exclusive jurisdiction over any proceed

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