1. PROMOTION: The Mikayla Nogueira Infallible Bronzer Contest (the “Contest”), sponsored by L'Oréal Paris, Consumer Products Division of L'Oréal USA, Inc. (“Sponsor”) in collaboration with Mikayla Nogueira (“Influencer”) starts on August 12, 2022 at 12:01 AM Eastern Time (“ET”) and ends on August 19, 2022 at 11:59 PM ET (“Contest Period”). Sponsor’s computer shall be the official timekeeper for all matters related to this Contest.
2. ELIGIBILITY: The Contest is open to residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, eighteen (18) years of age or older at time of entry. Anyone under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi) at the time of entry must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these Official Rules. Employees of Sponsor and Influencer and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws.
To participate in the Contest you must have a non-private TikTok account. If you do not have an TikTok account, go to www.tiktok.com and create an account according to the instructions on the website. Creating an account is free and you may be asked to agree to the terms of service and privacy policy of the relevant platform. This Contest is in no way sponsored, endorsed or administered by, or associated with TikTok. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not TikTok. If you choose to enter using your mobile device, standard data fees may apply. See your wireless provider for pricing plan details. Your Entry must meet TikTok's Terms of Service at https://www.tiktok.com/legal/terms-of-use?lang=en and its Community Guidelines at https://support.tiktok.com/en/privacy-safety/community-policy-en.
3. HOW TO ENTER: During the Contest Period, 1) go to TikTok to @mikaylanogueira and find the video related to the Contest; and 2) create an original video of a bronzed beauty look inspired by L’Oréal Paris Infallible Bronzer, stitched to Mikayla Nogueira’s video, and post it with #InfallibleBronzerCashContest and tag @lorealparisusa (the “Entry”). All entries must be received by 11:59 PM ET on August 19, 2022 to be eligible. Limit one (1) Entry per TikTok account, per person for the duration of the Contest Period. Entries received above the stated limit from any person or TikTok account will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
4. PERMISSIONS: Your Entry must be an original work, must not have been previously published, must not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the you, and/or which are subject to the rights of third parties, you are responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. If minors are involved in the Entry, you represent and warrant that you have obtained the above-mentioned consents, licenses, waivers or releases from the minor’s parent or legal guardian, as required by applicable law. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render your Entry null and void. By submitting an Entry, you warrant and represent that you 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 as otherwise set forth herein.
5. REQUIREMENTS OF ENTRIES: Your Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; 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; endorses any form of hate or hate group;
- appears to duplicate any other submitted entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate;
- and/or violates any law.
6. JUDGING: All eligible Entries received by Sponsor will be judged by a panel of qualified judges based on the following criteria: Fit to Theme 50%, Creativity 30%, Overall video aesthetic 20%.
7. The Entry with the highest scores will be deemed the potential winner. In the event of a tie, the Entry with the highest score in Fit to Theme will be deemed a potential winner. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
8. WINNER NOTIFICATION: Potential winner will be notified via TikTok on or about August 26, 2022. If user has enabled direct messaging on their TikTok account, potential winners will be notified via direct message on their TikTok account from Sponsor. If potential winner does not have direct messaging enabled, the potential winner will receive prize notification via a comment on their submitted TikTok photo from Sponsor. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winners may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within seven (7) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If any potential winner is an eligible minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
9. PRIZES: One (1) potential winner will receive $10,000.00. Approximate Retail Value (“ARV”) is $10,000.00. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
10. GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, Influencer and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.
11. USE OF ENTRIES: By posting your Entry, you grant Sponsor (together with its parent, L'Oréal USA, Inc. and its and their brands, current and future affiliates, subsidiaries, retailer partners, third-party providers and licensees including Mikayla Nogueira, “Licensed Parties”) a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, unlimited, transferable, sublicensable and assignable right to use, reproduce, copy, publicly display, publicly perform, distribute, re-post, boost, spark, put paid media behind, edit, sample, dub, alter, modify and otherwise exploit the Entry or any element thereof, to create derivative works based on the Entry or any element thereof, to include the Entry or any element thereof in other works, and to use, reproduce, publicly display, distribute, your name, image, likeness, voice, statements, reviews, testimonials, social media handle, social media user name, profile picture, social profile information, sounds, captions, location information, address (city and state), biographical information or other of your identifying information you may have included in or that may accompany your Entry (collectively, the “Personality Rights”), in any media now or hereafter known, for any purpose whatsoever in accordance with Sponsor’s Privacy Policy, including but not limited to advertising, promotional and marketing purposes without payment of any fees, royalties or any other compensation to you of any type or kind, including but not limited to receiving samples, loyalty points, coupons or endorsements and with no obligations to you of any type or nature. The rights granted herein shall remain in full force and effect regardless of any modification or termination of Sponsor’s Terms of Use. The Licensed Parties have no obligation to use your Entry and/or Personality Rights and may remove or stop using your Entry and/or Personality Rights at any time for any reason. You acknowledge that you have no right to approve of how your Entry and/or Personality Rights are used and have no right to approve of any alterations, modifications, or changes in or to your Entry and/or Personality Rights. The Licensed Parties use of your Entry and/or Personality Rights shall not be deemed an endorsement of or affiliation with you or your business. Further, the Licensed Parties may (but are not obligated to) provide credit, authorship or attribution to you in connection with their use of your Entry and/or your Personality Rights and are not required to seek you consent or approval for the same. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.
You hereby waive all claims and hereby release on behalf of yourself, and your heirs, executors, administrators, successors, or assigns, and the Licensed Parties from any and all claims and demands whatsoever arising out of or in connection with the use of your Entry and/or Personality Rights, or portions thereof, whether known or unknown, including, without limitation any and all claims relating to rights of privacy or publicity, defamation, libel, false light, copyrights and personal or proprietary rights that you may be afforded by any applicable statute, law or regulation in any way relating to the foregoing, unless prohibited by law.
12. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, postage-due or garbled Entries or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries the announcement of the prizes, the incorrect uploading of the photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, 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 participant; (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 participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
14. USE OF DATA: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.lorealparisusa.com/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
15. REQUEST FOR WINNERS’ LIST: For name of winner (available after September 9, 2022), send a self-addressed, stamped, envelope by December 9, 2022 to: Mikayla Nogueira Infallible Bronzer Contest Winner, c/o L’Oréal Paris, 10 Hudson Yards, New York NY 10001.
16. SPONSOR: L’Oréal Paris, 10 Hudson Yards, New York NY 10001
