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Mikayla Nogueira X KVD Beauty #KVDFtheRules Contest

OFFICIAL RULES

Submissions to #KVDFtheRules Contest (the "Contest ") will be accepted between September 19, 2023 -September 26, 2023 ("Contest Entry Period").

ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia, who are 18 years of age or older. Employees of Kendo Holdings, Inc. ("Sponsor"), its parent, 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. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees 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. Winners must be able to travel to New York City between October 12 – October 15, 2023.

HOW TO ENTER: During the Contest Entry Period, to enter, (1) Follow @KVDBeauty and @MikaylaNogueira on TikTok; (2) Make and post a TikTok video (45 seconds or longer) with a split-face makeup look that shows how you “follow the rules” and how you “f*ck the rules.” Use the contest hashtags #KVDFtheRules AND #contest (“Entry”). You can include KVD Beauty products as part of your Entry but whether or not you do so will not impact the judging. All entries must be received by 11:59 PM PT on September 26, 2023. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Submitting more than one Entry does not increase your chances of winning. If you do not have a TikTok account, establishing an account is free. All TikTok terms apply. Your TikTok account must be set to “public” in order for your entry to be eligible. You can return the account to “private” any time after the winner has been announced. All Entries become the property of Sponsor.

REQUIREMENTS OF ENTRIES: Entry must be the original work of the entrant, may not have been previously published, may 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.

Entry may not contain, as determined by the Sponsor, 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; 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 Sponsor or its products or services, or other people, products or companies;
  • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
  • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • 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, to the extent permission is necessary;
  • 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 look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
  • violates any law.

Sponsor may disqualify any Entry for any reason, including if it determines, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.

PUBLICITY GRANT AND LICENSE/USE OF ENTRIES:  By submitting an Entry, entrant  waives all moral rights in and to the entry and grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the Entry and all elements of such Entry, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, but not limited to, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Entrant agrees that, if required by Sponsor, he/she/they will sign documents to this effect. Released Parties are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.

JUDGING: Following the conclusion of the Contest Entry Period, all eligible Entries received will be judged by a panel of qualified judges based on the following equally weighted criteria: (1) the embodiment of KVD Beauty and Mikayla Nogueira’s core value of creative self-expression, (2) the representation of how personal authenticity is reflected through makeup, and (3) reflection of the KVD Beauty brand image (“Criteria”). All decisions of the Sponsor and judges are final and binding.  Sponsor will not reveal the judging scores for any Entry.

WINNER NOTIFICATION: Potential winners will be notified by direct message on TikTok from @KVDBeauty official TikTok account and required to execute and return a Non-Disclosure Agreement, Model Release Agreement and, unless prohibited, Publicity Release, as well as a W-9 form. If the potential winner does not respond to the initial notification within twenty-four (24) hours, does not return all required documentation within the time period stated, has conflicting commitments or obligations that would interfere with the winner’s ability to complete the documentation or travel required, or if a notification is returned as undeliverable, potential winner is unavailable to attend prize trip to New York City on or about October 12, 2023 – October 15, 2023, or such potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, a runner-up will be notified.

Prize: Four (4) winners will each receive a photoshoot trip (flight, hotel, food, and travel necessities) to New York City valued at $3,000 USD, a KVD Beauty shopping trip at Ulta Beauty valued at $500 USD. Trip will take place on or about October 12, 2023 – October 15, 2023. Total prize value for all winners is valued at $14,000 USD.

GENERAL CONDITIONS:  By participating, each entrant agrees to release, discharge and hold harmless Sponsor, 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 (any travel or activity related thereto).

Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries, comments, messages, votes, text messages, posts, email, mail or other communications of any kind; 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 of Entries, the announcement of the prize 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 or other device related to or resulting from participating in this Contest or downloading materials from or use of the platform. Persons who tamper with or abuse any aspect of the Contest or platform, 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 or votes, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE 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.

Use of Data:  Sponsor will be collecting personal data about entrants in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://kvdveganbeauty.com/pages/privacy.

Winner’s NAME: To receive the name of the winner, send an email to: customerservice@kvdveganbeauty.com, no later than thirty (30) days after the end of the Contest Period.

Sponsor: Kendo Holdings, Inc., 425 Market Place, 19th Floor, San Francisco, CA 94105.