A NEW LOOK FOR THE HOLIDAYS
AND A CHANCE TO WIN!
OCTOBER 1st AND OCTOBER 31st
NOVEMBER 1st AND NOVEMBER 8th
GET A MAKEOVER
ENTERING IS A BREEZE. Call your Independent Beauty Consultant. Book a makeover between October 1st and 31st. Get a new colour look. Snap a photo and your Beauty Consultant will submit it!
RALLY YOUR FRIENDS
Once the entry period closes on October 31st, RALLY ALL OF YOUR FRIENDS FOR VOTES USING FACEBOOK AND TWITTER. The top 50 entries with the most votes will receive an irresistable prize of runway-worthy colour products. Fresh and modern, the Midnight Jewels palette has infinite possibilities.
runner up prize
plus a stunning
swarovski wrap bracelet
**Pendant has been enlarged to show detail. Actual size measures 2 cm in diameter. prize may not be exactly as shown. For complete prize details, please refer to the official contest rules.
top 50 prize
plus a stunning
This is where we put the back story, answers to questions, etc. We can put some details about the makeup used, the 'look' that is trying to be achieved, etc.
THIS CONTEST IS INTENDED FOR PARTICIPATION ONLY IN CANADA (INCLUDING ITS PROVINCES AND TERRITORIES) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY CANADIAN LAW. DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF CANADA OR HAVE NOT REACHED THE AGE OF 18 AT THE TIME OF ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE CONTEST OFFICIAL RULES BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited.
1. ELIGIBILITY: The Mary Kay® “Beauty That Sparkles” Makeover Contest (“Promotion”) is offered and open only to female legal residents of Canada who are 18 years of age or older at time of entry. Corporate employees, officers and directors of Mary Kay Cosmetics Ltd. (“Sponsor”) and its parent company, subsidiaries and affiliated companies, contractors, and agents and those individuals/entities engaged in the development of, the production or distribution of materials for, or the implementation of this Contest and persons in the immediate family of (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter (collectively referred to herein as the “Contest Entities”); professional and/or semi-professional models, any individual who has made over $5,000 modeling in any calendar year in the past five years, or models under contract are not eligible to enter. Those who are Mary Kay Independent Beauty Consultants (“Consultants”) at time of entry are not eligible to enter by, through or on their own behalf. An Entrant in this Promotion may, during the Promotion Period, become a new Consultant; by doing so, Entrant’s status as a Consultant will neither affect nor influence her entry in any respect. Unless otherwise excluded herein above, family members of Consultants are eligible to enter this Promotion.
2. PROMOTION PERIOD: All times referenced herein are Eastern Time (ET). Sponsor administrator’s server/computer is the official time-keeping device for the Promotion. Promotion starts on or about on September 22, 2014, and ends on or about December 1, 2014 (“Promotion Period”). ENTRY PERIOD: All entries must be received by Sponsor between 8:00 a.m. ET on October 1, 2014, through 12:00 p.m. noon ET on October 31, 2014 (“Entry Period”). Entries will be subject to public viewing during the Entry Period but will not be eligible for public voting until the Public Voting Period. PUBLIC VOTING PERIOD: Eligible Entries will be subject to public voting between 12:00 p.m. noon ET on November 1, 2014 through 12:00 p.m. noon ET on November 8, 2014 (“Public Voting Period”). FINALIST JUDGING PERIOD: Eligible Finalist entries as a whole will be subject to Finalist judging to be held on or around November 16, 2014 (“Finalist Judging Period”).
4. REQUIREMENTS FOR ENTRY MATERIALS: Photographs submitted must not be taken by professional photographers (whether or not paid) and must not contain any third party’s intellectual property (trademarks, logos, trade names), nor must any other person appear in the photograph. Entries must contain a fully completed Entry Form, both the before and after makeover Photographs and the Story to be eligible for the Promotion; incomplete Entries will be immediately disqualified. Makeovers performed before October 1, 2014, will be disqualified. Entries that do not include the name or that include an incorrect or untraceable name of a Consultant will be disqualified. If requested by Sponsor, entrant must be able to provide additional proof of the identity of the Consultant who facilitated the makeover. Limit two (2) Photographs (one immediately before and one immediately after the Makeover), and one (1) Story per Entry (finalists). Limit one (1) Entry per person. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or that it is eligible for the Promotion. Sponsor reserves the right without notice to disqualify and/or remove any Entry in whole or in part for any reason within its sole and absolute discretion if it believes the Entry is not in the spirit of the Promotion or is not compliant with these rules, or will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brands, products or services. Without limitation, Sponsor reserves the right in its absolute discretion to refuse, disqualify or withdraw any Entry and/or entrants at any time during the Contest, including but not limited to obvious lack of good faith, noncompliant, obscene, offensive, inappropriate or otherwise unsuitable Entries, such as those depicting violence, nudity, illegal or explicit activity, as determined by the Sponsor (in its sole discretion). Professionally created, enhanced or touched-up photographs will be disqualified. Stories must not include inappropriate, sensitive or personally identifiable information of any other individual or group of individuals. All Entries will be publicly available on the Mary Kay Cosmetics Ltd. promotion web site for viewing during the Entry Phase and for voting during the Public Voting Phase. BY ENTERING THIS CONTEST YOU CONSENT TO YOUR PHOTOS, STORY, FIRST NAME AND LAST INITIAL BEING USED IN CANADA TO PROMOTE THIS CONTEST. By submitting an Entry or accepting any prize, entrants represent and warrant that their Entry Materials, in whole and in part, (i) are the original creations of the entrant and/or entrant holds all right, title and interest in and to them (and is able to show written proof of same if requested), (ii) they have not been copied in whole or in part from any other work, (iii) they do not violate or infringe any copyright, trademark or other intellectual property rights or any other right of any person or entity. By entering, at the time you submit your Entry (in whole or in part) to Sponsor, and whether or not your Entry is selected as a finalist or winner, you grant to Sponsor an irrevocable perpetual right and license in and to the Entry Materials, in whole and in part, and all the intellectual property rights therein including derivatives, throughout the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s license in the intellectual property. You will not now or in the future be paid for your Entry or for granting Sponsor any of these rights. By submitting your Entry, you understand and agree it may be used in whole or in part by Sponsor worldwide, royalty-free for any purpose and in any media or medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, digital and on-line) without further compensation or review. You also acknowledge and agree your Entry Materials or any element thereof may be used in whole or in part, alone or in combination with other works, and that they may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor at any time during or after this Promotion. Entry Materials or any part thereof may, but without obligation, appear in Sponsor’s printed or online Mary Kay® Catalog and/or eCatalog, “The Look,” on Mary Kay-related social media sites or electronic communications or other promotional materials in Sponsor’s sole discretion. HOWEVER, SPONSOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER (EXPRESS OR IMPLIED) OF ANY KIND, INCLUDING THAT ANY ENTRANT WILL RECEIVE FUTURE MODELING CONTRACTS OR ANY OTHER PROFESSIONAL OR OTHER BENEFIT OF ANY KIND BY VIRTUE OF THEIR PARTICIPATION IN THIS CONTEST WHETHER OR NOT SELECTED AS A FINALIST OR WINNER.
5. PUBLIC VOTE/JUDGING CRITERIA: Eligible Entries posted on the Mary Kay Cosmetics Ltd. Promotion site will be subject to public vote based on the Entry (or Entries) that reflect(s) the overall impact of the Makeover and the most appealing Story. Voters must be 13 or older. You may vote on the same or different Entries; limit five (5) votes per day, per person. Any attempt at fraud, misuse, or to vote more than the allowed number of times will disqualify all votes from that voter/computer. A running tally of votes per Entry or a final tally of votes after the promotion ends will not be publically available. All eligible Finalist Entries will be judged by a panel of qualified judges chosen by Sponsor. In the event a Finalist Entry’s story is in a language other than a local language, the Story portion of the Entry will be translated into a local language, if possible, for purposes of final judging only. Sponsor assumes no liability or responsibility to otherwise translate any Entry in whole or in part. Any discrepancy in translation will be decided in accordance with the translated version. The Entries will be judged on the following criteria: degree and quality of contrast between the before and after Photographs taking into account the overall impact of Makeover (40%); perceived personality, vitality and brand representation of Entrant reflected by the Photographs and Story (20%); and the Story’s originality and appeal to others (40%). In case of a tie, the Entry (among those tied) with the highest rating in the “Impact of Makeover” category will break the tie. In the event a tie still remains, the Entry (among those tied) with the highest rating in the “perceived vitality and brand representation” category will break the tie. All Entry Materials, voting and participation in this Promotion shall be governed by these Official Rules. Entrants and participants agree to be bound to these Official Rules and the decisions of the Sponsor (including its authorized representatives) and Judges, which are final and binding in all matters.
6. FINALIST/WINNER SELECTION: Fifty (50) eligible Entries with the most number of votes received during the Voting Period, plus any eligible Entries tied for the 50th position (where the tied number of votes is at least equal to and would have placed them within the top 50 but for the tie), will be selected as Finalists to enter the final round of judging (“Finalists”). Any other ties under 50 will not be considered. One (1) Grand Prize Winner and two runner-up winners will be selected from all eligible Finalists in accordance with these Contest Official Rules and will be required to correctly answer a four-part mathematical skill-testing question prior to prize award(s).
7. GRAND PRIZE: All prize awards are subject to final verification of eligibility and compliance with these Official Rules. Grand Prize (1) $3,500 CAD and one (1) “Swarovski” Necklace valued at $140 CAD. Total ARV of all Grand Prizes: $3,640 CAD. Runner-Up Prizes (2): One (1) $500 CAD and one (1) “Swarovski” Bracelet valued at $80 CAD. ARV of Runner-Up Prize: $580. Total ARV of all Runners-Up Prizes: $1,160. Finalist Prizes (50): One (1) Midnight Jewels Collection (includes two mineral eye colour palettes, two semi-matte lipsticks, one lip shimmer, three nail lacquers, and one collection clutch); two (2) Lash Love Mascaras (two shades); and one (1) Compact Mini. ARV of Finalist Prize: $210.00. Total ARV of all --Finalist Prizes: $10,500. Total ARV of all prizes: $15,300. Limit one (1) Finalist prize and one (1) Grand Prize or Runner-Up Prize per person. Subject to verification of eligibility, all prizes will be awarded assuming sufficient eligible Entries are received. No transfer, assignment or substitution of prize (in whole or in part), except Sponsor may substitute a prize, or element thereof, of equal or greater value. Prizes are not redeemable for cash. Any unused portion of the prize, or any element thereof, will not be awarded as cash or otherwise. Any difference between ARV and actual value also will not be awarded as cash or otherwise. All federal, state and local taxes, if any, are the sole responsibility of the prize winners. In no event will Contest Entities be responsible to award more than the stated number of prizes herein. Any prize referenced or depicted in advertising materials is for illustrative purposes only and may not be the actual prize awarded. Prizes, or any element thereof, may not be sold, auctioned, bartered, assigned, exchanged, commercially transferred or donated, or otherwise placed into unauthorized commercial channels of distribution. Potential Grand Prize and Runner-Up Winners will be notified by telephone, email and/or mail (in Sponsor’s discretion) approximately four (4) – six (6) weeks following the end of the Promotion Period, and will be required to complete, have notarized and timely return an Affidavit of Eligibility, Liability and Publicity Release within ten (10) business days of notification, or else prize will be forfeited. Finalist prize winners will be notified by telephone, email and/or mail (in Sponsor’s discretion) and, subject to verification, each will receive a congratulations letter and their prize approximately four (4) – six (6) weeks after verification.
9. LIMITATIONS OF LIABILITY: Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, delay, theft, loss or destruction of Entries. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical or other failures or errors, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select the Finalists and/or winners from Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Contest Entities shall not be liable to Finalists and/or winners or any other person for failure to execute the Promotion, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber shutdowns, stoppage, or attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control. In no event will Contest Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your participation in this Promotion, Promotion-related activities, or access to, and use of, any participating Internet site(s) and/or mobile applications, or the downloading from and/or printing material downloaded from said site(s) and/or applications. Without limiting the foregoing, everything on the Websites are 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 and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties THIS PROMOTION IS GOVERNED BY THE LAWS OF CANADA AND THE PROVINCE OF ONTARIO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Except for residents of Québec, to the fullest extent permissible by law and as a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in Toronto, Ontario having jurisdiction.
10. QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
11. DATA PROTECTION: The Sponsor acknowledges that as a responsible entity it is required to comply with its applicable obligations under the local Data Privacy Laws and any other applicable data protection legislation. Entrants explicitly consent that their personal information may be stored and processed on servers overseas for the purposes of this Contest and the marketing communications detailed herein. However, wherever the Sponsor processes your information we will use our reasonable efforts to ensure that your information is protected at all times in accordance with strict data protection standards. Wherever the Sponsor or its agents process your information they will use their reasonable efforts to ensure that your information is protected at all times in accordance with strict data protection standards. Personal data will be kept confidential and will not be made accessible to third parties other than for the purpose of this Contest and the marketing communications detailed herein. You have the right to request a copy of the personal information that the Sponsor holds on you and to have any errors in that information corrected. Please address your request to Mary Kay Privacy Team at firstname.lastname@example.org. We will use our reasonable efforts to supply, correct or delete personal information about you on our files.
12. LIST OF WINNERS: Consumer prize winners will be posted on the Mary Kay Cosmetics Ltd. Promotion website for a minimum period of two weeks following verification and prize award.
13. SPONSOR: Mary Kay Cosmetics Ltd., 2020 Meadowvale Blvd., Mississauga, Ontario L5N 6Y2.