Contest Rules
 

NAILS NEXT TOP NAIL ARTIST in Partnership with CND and KUPA CONTEST RULES (“Rules”) 

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. 

Creative Nail Design, Inc., a California corporation, with registered address at One New York Plaza, New York, NY  (hereinafter “CND” or “Sponsor”) intends to organize a contest for professional nail techs for purposes of promoting the “CND” brand and products (hereinafter, “the Products” or “the Product”), called the NAILS NEXT TOP NAIL ARTIST in Partnership with CND Contest (hereinafter, the “Contest”) and KUPA Inc (hereinafter “Sponsor”). 

The contest will be implemented via the website: https://www.nailsmag.com/ (hereinafter, the “Website”). 

CONTEST: The Contest consists of a contest in which the entrants will have to create original nail designs, upload ten (10) photographs of their nail designs and submit essay answers with their application to the Website, following the instructions given therein. 

CONTEST ENTRY PERIOD: In order to enter the NAILS NEXT TOP NAIL ARTIST in Partnership with CND AND KUPA CONTEST (the “Contest” or “Promotion”) entrants must complete the application below no later than at 12:00 AM Eastern Time (“ET”) on January 28, 2022 (the “Contest Entry”). Semifinalists and finalists will be contacted by February 4, 2022 and will be announced online and social media. The public voting portion of the contest will take place between March and June, 2022. 

By participating in the Promotion, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Creative Nail Design, Inc. And KUPA (the “Sponsors”) and Nails Magazine (the “Promotional Partner”), which shall be final and binding in all respects. 

ELIGIBILITY: The Promotion is open to professional nail techs, residing anywhere in the world, who are age 18 or older at the time of entry. Entrants currently under contract with a professional nail manufacturer are not eligible to enter. If an entrant has taken manufacturer-specific classes, they are eligible to enter. Entrants must disclose any, and all affiliations (sponsorships, past educator experiences, ambassadorships, etc.) in their application. Additionally, entrants are prohibited from seeking out sponsorship opportunities while participating in the contest. Void prohibited by law, taxed or otherwise restricted.  Employees of the Sponsors, Promotional Partner and their respective subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sponsor Entities”), and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Promotion is subject to all applicable federal, state and local laws and regulations.  

GRANT OF EXCLUSIVE RIGHTS: Each entrant in the Contest represents and warrants that they are the owner or have obtained written assignment from the owner, in their favor and without limitation, of, and hereby grants to Sponsors in writing, an exclusive and irrevocable license to exploit all intellectual property rights (including without limitation, reproduction, distribution, publication, communication to the public and transformation) in the Photographs (and nail design(s) contained therein) that they have submitted to the Contest for use within the framework of the Contest, as well as future editions of the said Contest, in any medium, such as (as an example, but not limited thereto), direct marketing, the Internet, websites, magazines, advertising features, etc. with the following scope: (a) Territorial scope of the grant: Worldwide; (b) Operational scope: Possibility of showing the finalists’ Photographs in: (i) the Website and other websites of Sponsor’s parent or subsidiaries; (ii) Online international communication of the Contest: websites, forums, blogs and social networks; (iii) International professional publications and/or non-professional ones; (iv) International publicity in any media; (v) Display material in salons; and (c) Temporal scope: in perpetuity from the end of the Contest. Each participant consents, and represents and warrants that they have obtained consent from any other authors of the Photographs, to Sponsors, its parent or subsidiaries doing (or omitting to do) any acts in respect of the Photographs which may otherwise constitute an infringement of their or other authors’ respective moral rights. 

HOW TO ENTER:  

Complete the application below no later than January 28, 2022. In addition to basic information, you’ll be required to answer several essay questions and upload photos and a short video diary. Incomplete Contest Entries will not be accepted and are void. See applications instructions below. 

There is a limit of one (1) Contest Entry per person during the Contest Period. Each Contest Entry must include answers to essay questions, original photos and short video diary. Contest Entries submitted with previously submitted materials will be disqualified. 

Once a Contest Entry is submitted it cannot be modified by an Entrant. Sponsors are not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted. Once the Photographs have been uploaded, each entry will become part of the www.cnd.com/www.nailsmag.com domain. Access to the Photographs on the Website will be restricted and not all website users will have access to them during the Contest. The Photographs will form part of an “intranet” to which only the jury and Sponsors, or their designees will have access during the Contest. 

Entrants are subject to all notices posted online, including but not limited to the Sponsors’ Privacy Policy. 

ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible: 

• Essays and videos must be in English or sub-titled in English for correct comprehension by the judges and public 
• Photos must show Entrant’s original nail art. 
• Entrant must submit his or her headshot. 
• Photos must conform to the format and size requirements and limitations. The maximum file size is 5MB (TO BE CONFIRMED) 
• Entry and Photos cannot contain content that is irrelevant to the purpose of the Contest. 
• Once Photos have been submitted, they cannot be modified or deleted by Entrant. 
• Each submitted Photo must be original, on which no image editing software has been used. 
• No duplicate Photos, or substantially similar Photos, as determined by the Sponsor’s in its sole discretion, may be submitted. 
• By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer. 
• Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity. 
• Entry and Photo cannot be violent or promote firearms/weapons. 
• Entry and Photo cannot promote alcohol, illegal drugs or tobacco. 
• Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies. 
• Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner. 
• Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group. 
• Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission. 
• Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Promotional Partner wish to associate. 
• Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law. 
• Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used. 
• Entry and Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person. 
• Photos cannot have been submitted previously in a promotion of any kind or won any previous awards. 

By submitting a Contest Entry, the Entrant understands and grants to the Sponsors an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness on the Sponsors’ various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsors reserve the right in their sole and absolute discretion to alter, change or modify any Contest Entry, which includes the Photo. 

By submitting a Contest Entry, Contest Entrant warrants and represents that: (a) Photos and nail designs are entrant’s own creation and are one hundred percent (100%) original; (b) Contest Entry and Photos do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (c) Contest Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Contest Entrant him/herself; and (d) Contest Entrant will indemnify and hold harmless the Sponsors, NAILS Magazine, Promotional Partner and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Contest Entry, or Contest Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Promotion. 

CONTEST ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTEST ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSORS IN ANY MANNER. 

JUDGING CRITERIA:  All eligible Entries received during the Contest Period will be judged by the Sponsors and NAILS Magazine who shall use the criteria set forth below: 

1. Overall Design (10%) 
2. Video Tutorial (10%) 
3. Technical Ability (10%) 
4. Challenge Guidelines (10%) 
5. Professionalism (10%) 

ENTRANT ELIMINATIONS: ENTRANT ELIMINATIONS: Each week, all the judge’s scores are entered into an Excel document that totals the top and bottom 3 Entrants for the week. The results from the public voting are then entered and weighted at 5%. The scores are then re-calibrated to reflect the top 3, bottom 3, winner, and loser based on the total score. 

WINNER DETERMINATION: The Entry that receives the highest score from among all eligible Entries will be deemed the winner. In the unlikely event of a tie, the un-weighted popular vote alone will be used to break the tie. If additional tie-breakers are still needed, Sponsors will assign another panel of judges who will judge the tied Entries using the Contest Judging process above. 

WINNER NOTIFICATION & ANNOUNCEMENT: Potential prize winners will be notified by Sponsors and NAILS via email (the “Notification”) on or about (Insert Date). To begin the prize claim process, a potential winner must respond as instructed to the Notification with his/her full name, email address and date of birth within 48 hours of the Notification. Any potential prize winner who does not reply to the Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified. 

The potential grand prize winner will receive a second notification via email and/or phone, and will be required to sign and return, within three (3) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, “the Releases”). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the purpose of tax reporting, as required by law, and for the purpose of the background check. Noncompliance will result in disqualification and an alternate winner may be notified. The prize package will be awarded in a timely manner after the winner is verified. 

The Grand Prize winner will also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsors or NAILS Magazine into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or Sponsor, as determined by Sponsor in its sole discretion. Sponsors and NAILS Magazine reserve the right to disqualify a potential winner on the basis of the findings resulting from such background check or if a potential winner fails to properly authorize and/or provide the required information in connection with such background check.  

If any notification or prize is returned as undeliverable, or if potential winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified. 

Winners may be announced by the Sponsors, along with the winner’s Entry for an indefinite period of time. Non-winning Contest Entrants will not be notified. 

PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsors. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. 

Winners are responsible for all federal, state, local and income taxes associated with winning prize.  Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. 

Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. 

By accepting a prize, you further agree to release the Promotion Entities from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Promotion or with respect to the awarding, receipt, possession, use and/or misuse of any prize. 

GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsors, and release and hold the Sponsors, NAILS, the Promotional Partner and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsors not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize. 

No confidential relationship is established by any Contest Entrant and the Sponsors as a result of participating in the Promotion. None of the information submitted by the Contest Entrant will be treated as trade secrets, confidential information or as protected data. 

Although subsequent attempts to submit a Contest Entry on a given day may be received, only the first complete Contest Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, Instagram account, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the “Authorized Account Holder” of the email address submitted by the Contest Entrant or the Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Promotion Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If, for any reason, the Promotion is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor is not responsible if the Promotion cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism.  Sponsors also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Promotion. Sponsor reserves the right to disqualify any Entrant at any time during the Promotion Period that may be found ineligible. 

In the event any Entrant engages or has engaged in behavior that (as determined by Sponsors in Sponsors’ sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Contest Entries of said person. 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. 

BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

DISPUTES:  The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in New York County, New York.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court. 

PRIVACY: Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at. 

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.nailsmag.com/nexttopnailartist/2021/ntna-season-8-contest-rules/ or send a self-addressed, stamped envelope to: NAILS NEXT TOP NAIL ARTIST Contest Official Rules Request, c/o Bobit Business Media, 3520 Challenger Street, Torrance, CA 90503. 

SPONSORS:

Creative Nail Design, 1 New York Plaza, New York, NY 10004. 

KUPA INC., 2353 W La Palma Ave, Anaheim, CA 92801