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TERMS & CONDITIONS

MAC: A-Z of AALIYAH CONTEST RULES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSORS (DEFINED BELOW) WITHIN TWENTY-FOUR  (24) HOURS ACCORDING TO THE NOTICE(S) FROM SPONSORS OR PRIZE MAY BE FORFEITED (IN SPONSORS’ SOLE DISCRETION).

 

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, INSTAGRAM, LLC (“INSTAGRAM”). INTERNET ACCESS IS REQUIRED FOR ENTRY. 

 

BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSORS (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

OVERVIEW: MAC: A-Z of Aaliyah (“Contest”) begins at 11:00 a.m. Eastern Standard Time (“EST”) on March 27, 2018 and ends at 11:59 p.m. EST on April 6, 2018  (“Contest Period”). 

 

ELIGIBILITY: This Contest is open only to legal residents of any one (1) of the fifty (50) United States, and the District of Columbia. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.  This Contest is open only to people who are eighteen (18) years of age or older in their state, province or jurisdiction of residence and who are registered users of Instagram in good standing on the date of Entry in this Contest. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of VICE Media LLC, and Make-Up Art Cosmetics Inc. (the “Sponsors”), and their respective corporate partners, parent companies, divisions, subsidiaries affiliates, successors in interest, advertising, promotion and public relations agencies (collectively, the “Contest Entities”) are not eligible to participate or win a prize. For purposes of this Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsors.

 

 

 

 

TO ENTER: To enter, eligible individuals (see “Eligibility” section above for eligibility requirements) may enter the Contest by:

(1) Posting one original photo or video, paying homage to Aaliyah, on Instagram including the hashtag #atozofaaliyah; and

(2) Completing the contest submission form located at vice.com/atozofaaliyah

 

 

(the “Entry”)

 

 

There is a limit of one (1) Entry per entrant.  Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her entry.  Other proof of submitting or attempting to submit an Entry (such as, without limitation, a printed, saved or copied automated receipt confirming Entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest. Those who do not abide by these Official Rules, the instructions of Sponsors, or provide all required information will be disqualified in Sponsors’ sole discretion. Entries or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void.  Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest.  As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsors and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Sponsors will review Entries before they are posted and any Entry may or may not be posted, in Sponsors’ sole discretion. ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRANT CONTENT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSORS’ SOLE DISCRETION.

 

REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by Sponsors, in its sole discretion, any content that:

•          is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or profane or pornographic, or contains nudity;

•          promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);

•          promotes any activities that may appear unsafe or dangerous;

•          promotes any particular political agenda or message;

•          is obscene or offensive, or endorses any form of hate or hate group;

•          defames, misrepresents or contains disparaging remarks about other people or companies;

•          communicates messages or images inconsistent with the positive images or good will of Sponsors; or

•          violates any law.

 

By participating, each entrant warrants and represents that such entrant’s Entry are the original work of the entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. For any Entry or Entry materials submitted with an Entry that contains a person under the age of eighteen, Entrant shall obtain written consent from that minor's parent or guardian prior to submission of the Entry (unless Entrant is the parent or guardian of such minor appearing in an Entry or entry materials). Sponsors reserve the right to request proof of these releases and consents in a form acceptable to Sponsors from any entrant at any time. Failure to provide such requested proof may, in Sponsors’ sole discretion, render the Entry null and void. By submitting an Entry, entrant covenants, warrants and represents that entrant and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use, exploitation and exhibition and any other action of Sponsors with respect to the Entry as set forth herein.

 

By submitting an Entry, each entrant acknowledges and agrees that (a) Sponsors may obtain many Entries in connection with the Contest or other contests staged or promoted by Sponsors, (b) such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with the Contest or entries for other contests sponsored by Sponsors or submitted for other reasons or other materials developed by or on behalf of Sponsors and (c) entrant waives any and all claims entrant may have had, have, or may have in the future that any Entry, or other works accepted, reviewed or used by Sponsors, may be similar to entrant’s Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsors.

 

JUDGING:  All eligible Entries received by Sponsors will be judged by judges on the  Sponsors’ selection committee. 

 

SELECTION OF WINNERS: On or about April 19, 2018 one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select five (5) potential winners (“Winners”, each a “Winner”) based on the following judging criteria:

 

 Concept (30%), Visual Style (30%), Quality (30%) and Camera Presence (10%) (the “Judging Criteria”). The selection and review process may occur on a rolling basis as Entries are received. Sponsors reserve the right to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, the “Contest Documents”) within two (2) days of such notification. Failure of potential Winner to comply during this time period will result in disqualification. If the potential Winner cannot be reached or if the potential winner is found ineligible, or the potential Winner cannot or does not comply with the foregoing requirements and these Official Rules, or if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the runner-up.

 

 

WINNER NOTIFICATION: As a condition of entering the Contest, each Winner agrees (if requested by Sponsors) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, twenty-four (24) hours, and if required by Sponsors in its sole discretion (which may require providing Winner’s Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or prize may be forfeited.  In the event of noncompliance with these requirements, the prize may be forfeited in Sponsors’ sole discretion.  Sponsors reserve the right to modify the notification procedures in connection with the selection of any alternate potential Winner, if any. Upon prize forfeiture, no compensation will be given and Sponsors will have no responsibility or liability to that participant.  To claim a prize, Winner must follow the directions in his or her notification.

 

If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, or the potential Winner does not respond according to the notification or Sponsors instructions, or the Winner, or potential Winner fails to comply with these Official Rules, or if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsors (as determined by Sponsors in its sole discretion), that Winner or potential Winner may be disqualified, and an alternate Winner may be selected by Sponsors in its sole discretion. 

 

WINNERS AND PRIZES :  On April 19, 2018 five (5) Winners, subject to verification, will be selected by the Selection Committee and contacted directly by Sponsors via the email address or phone number provided during Entry submission. No more than the stated prizes will be awarded. Sponsors selection of the Winners is final and binding in all matters relating to this Contest. No more than the stated prizes will be awarded. 

 

Each Winner will each receive round trip travel accommodations to and from New York City, and participation in the “MAC A-Z” Hero Video being filmed in NY (the “Prize”). Approximate Retail Value of Eighteen Hundred Dollars $1,800.00, but may vary depending on residency of the Winner.

 

Prize will include ground transportation to any/all Winner activities, round-trip coach class air or ground transportation from a major U.S. gateway airport nearest Winner’s home to destination, and two (2) nights standard hotel accommodation. Exact itinerary of Winner trip, including activities, shoot location, dates of travel, required tasks and projects and other details will be determined by Sponsors in their sole discretion, and may be subject to change. Actual value may vary based on points of departure and dates of travel. Any difference between stated value and actual value will not be provided. Trip must be taken on the dates specified by Sponsors or Prize will be forfeited and Sponsor will have no further obligation to such Winner. Sponsor reserves the right to change dates of trip. Winner must comply with all applicable event and venue rules and regulations. Failure to do so may result in disqualification. In the event any activity is cancelled or postponed, no compensation or substitution will be provided in lieu thereof. Certain travel restrictions may apply. Winner is responsible for obtaining all required travel documents, medications and any other precautions he/she may wish to take prior to travel. All federal, state and local taxes and all other costs associated with acceptance and use of the Prizes, not specified herein as being provided, including luggage fees, additional ground transportation, meals, lodging, gratuities and souvenirs are the sole responsibility of the Winner. The Prize, and all related elements are provided “as is” with no warranty or guarantee, either express or implied by Sponsors. Winner may not substitute, assign or transfer the Prize or redeem the Prize (or any element thereof) for cash, but Sponsors reserves the right, at their sole discretion, to substitute a the Prize (or portion thereof) with one of comparable or greater value. All Prize details are at Sponsors’ sole discretion. 

 

Prizes, if legitimately claimed, will be awarded. Prize details not specifically stated in these Official Rules will be determined in Sponsors’ sole discretion. Sponsors are not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a Winner.  Sponsors are not responsible for any inability of any Winner to accept or use any prize (or portion thereof) for any reason.  No transfers, prize substitutions or cash redemptions will be made, except at Sponsors’ sole discretion.  Sponsors reserves the right to substitute the stated prizes or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded.  Sponsors may require each Winner to execute additional agreements as Sponsors determines in its sole discretion, including but not limited to personal releases for participation as Winners as part of the prize awarded, as a precondition of receiving the prize.

 

 

LIMITATION OF LIABILITY:  EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST SPONSORS, INSTAGRAM, AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH (COLLECTIVELY, “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY.  EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING WITHOUT LIMITATION ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE CONTEST ENTITIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST’S USE OF THE PRIZE.

 

ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information.  Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.  Released Parties are not responsible for any changes or unavailability of Instagram or any other application that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsors’ ability to use those platforms for the Contest as set forth herein that are not acceptable to Sponsors) or ability of entrant to timely enter, receive notices or communicate with Sponsors, in which case Sponsors, in its sole discretion, may terminate or modify the Contest.  Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsors.  Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsors in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

 

GENERAL RULES: By entering the Contest (except where prohibited by law), each entrant grants the Contest Entities the irrevocable, transferrable, sublicensable, and absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsors to make use of any of the rights granted herein and Winner waives any right to inspect or approve any such use.

 

Sponsors’ decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsors. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsors reserve the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected.  Sponsors reserves the right, in its sole discretion, to void entries of any entrants who Sponsors believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsors’ failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsors’ sole discretion.  Entrants waive any right to claim ambiguity in the Contest or these Official Rules.  If Sponsors determines at any time in its sole discretion that the Winner or potential Winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsors deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsors reserves the right to disqualify that Winner or potential Winner, even if the disqualified Winner or potential Winner may have been notified or displayed or announced anywhere.  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason, Sponsors reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsors. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsors may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the e-mail address of record at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsors’ sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an internet access provider, online 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. Potential Winner(s) may be required to provide Sponsors with proof that he/she is the registered account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsors’ satisfaction, the entry will be deemed ineligible.

 

ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the 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 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.

 

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.

 

WINNER LIST/OFFICIAL RULES:  To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the MAC: A-Z of Aaliyah Contest, 49 S. 2nd Street, Brooklyn, NY 11249 or by sending an email to atozofaaliyah@vice.com with “MAC: A-Z of Aaliyah Winner List” in the subject line.  For a copy of these Official Rules during the Contest Period, visit vice.com/atozofaaliyah or send a self-addressed stamped envelope to the following address for receipt during the MAC: A-Z of Aaliyah Contest, 49 S. 2nd  Street, Brooklyn, NY 11249 or by sending an email to atozofaaliyah@vice.com with MAC: A-Z of Aaliyah Contest Official Rules Request in the subject line. Only one (1) request of either type per outer envelope will be fulfilled. Vermont residents may omit return postage for rules requests.

 

THE SPONSORS OF THIS CONTEST ARE: VICE Media LLC, and Make-Up Art Cosmetics Inc.

 

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