NAILS NEXT TOP NAIL ARTIST CONTEST RULES (“Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN.
The NAILS NEXT TOP NAIL ARTIST 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 photographs of their nail designs and submit with their application to the Website, following the instructions given therein.
CONTEST ENTRY PERIOD: In order to enter the NAILS NEXT TOP NAIL ARTIST contest (the “Contest” or “Promotion”) entrants must complete the application below no later than at 12:00 AM Eastern Time (“ET”) on Monday, January 23, 2023, at midnight PST US (the “Contest Entry”). Finalists will be contacted by February 3, 2023, and will be announced online and on social media.
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 NAILS Magazine 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 any Sponsors, Promotional Partners 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 NAILS (and its content 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 NAILS 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 NAILS, 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 23, 2023, at midnight PST (US). In addition to basic information, you’ll be required to answer at least one essay question and upload photos and a short video. Incomplete Contest Entries will not be accepted and are void. See applications instructions below.
All Contest Entries with required elements must be received no later than January 23, 2023 at midnight PST (US). There is a limit of one (1) Contest Entry per person in the Contest Period. Each Contest Entry must include answers to a short essay question, original photos and short video. Contest Entries submitted with previously submitted materials will be disqualified.
Once a Contest Entry is submitted it cannot be modified by an Entrant. NAILS is 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.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.
ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:
By submitting a Contest Entry, the Entrant understands and grants to NAILS (and its sponsor partners) an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness on NAILS and its sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. NAILS reserves the right in its 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 NAILS 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 NAILS IN ANY MANNER.
JUDGING CRITERIA: All eligible Entries received during the Contest Period will be judged by NAILS and invited guests, who shall use the criteria set forth below:
WINNER NOTIFICATION & ANNOUNCEMENT: Potential winners will be notified by NAILS via email (the “Notification”) on or about March 13, 2023. 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 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.
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.
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 (NAILS) and release and hold NAILS and itsthe 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. NAILS is 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 NAILS 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 NAILS’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 NAILS 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 NAILS 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 NAILS, NAILS reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. NAILS 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. Sponsor 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. NAILS 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 NAILS in its sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including NAILS or is otherwise inappropriate, NAILS 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 NAILS RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
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