Competition Rules
CND Colour & Effects 2009 Nailstyle Competition
Competition Terms and Conditions ("Rules")
1. Sponsor: Creative Nail Design, Inc., 1125 Joshua Way, Vista, CA 92081 ("Sponsor").
2. Who May Enter: Participants ("Participants") must be 18 years old or older, or the age of majority, or older, in the jurisdiction in which they reside, be legally able to contract in that jurisdiction, and use the new CND Colour and Effects product line to create their entry, to participate and be eligible to win. The CND Colour & Effects 2009 Nailstyle Competition ("Competition") is only open to residents of the 50 United States, the District of Columbia, and other territories worldwide where such Competition is not prohibited, and explicitly excludes Brazil, Cuba, France, Germany, Iran, Italy, Myanmar, North Korea, Quebec (Canada), Russia, Sudan, Syria and other states or territories where such Competition is prohibited or restricted. Employees of Sponsor, its parent, subsidiaries, affiliates, including all of its various divisions, family members of any employees of Sponsor or employees of any of the aforementioned subsidiaries, affiliates or divisions are not eligible to participate or win. For these purposes, family members include: parents, grandparents, siblings, and children. If the Sponsor determines that any Participant fails to meet the above criteria for any reason, has used unfair or unsportsmanlike methods in connection with the Competition, or has infringed the rights of third parties, that Participant will be disqualified and shall not receive any Prize. Decisions as to eligibility and the conduct of the Competition are in the sole discretion of the Sponsor and are final and binding on all Participants. Participants acknowledge and agree that for various reasons Sponsor shall have at its sole discretion the ability to substitute the Grand Prize or Runner-Up Prizes for an alternative prize of equal or lesser value. Examples include, without limitation, where local legal or other requirements dictate or where, for example, there are logistical difficulties in arranging travel for the Grand Prize Winner to New York City.
3. Agreement: To validly enter the Competition, Participants must fully and accurately complete the official Entry Form found on the Sponsor's website and submit it following the website instructions together with an uploaded photograph of a nail design as described below using the entry mechanic via the Sponsor's website (together an "Entry"). Participants agree that Entry constitutes agreement to the Rules. After reading the Rules and in order to participate, each Participant must click the "I have read, understand and agree" box on the Entry Form found at: http://www.cndnailstylecompetition.com/enter-competition. Once the Participant clicks the "I have read, understand and agree" box, the Rules form a binding legal agreement between each Participant and Sponsor with respect to the Competition. Also by submitting an Entry, each Participant consents to and hereby grants Sponsor in perpetuity the world-wide right to use in any way the Participant's design, in any medium existing now or in the future in connection with advertising or promoting this or any future Competition or any of Sponsor's products. The Participant also expressly consents and grants to Sponsor the right to Sponsor using his/her name and making reference to the Participant in marketing this or any future Competition. The Grand Prize Winner agrees to attend, co-operate and participate in the Sponsor's public relations ("PR") and marketing campaigns, including but not limited to featuring in PR materials and attending photoshoots and press conferences. The copyright and related rights in an Entry shall remain with the Participant.
4. Privacy. Participants agree that personal data provided to Sponsor during the Competition, including name, mailing address, phone number, and email address may be processed, stored and otherwise used within the context of administering the Competition and expressly consent to such processing, storage and use. As set out in Clause 3, an individual's name and/or image may also be used internally and externally for marketing and PR purposes. Personal data will be transferred to the United States and Participants consent to the data transmission, processing, and storage of this personal data in the United States. Sponsor takes its data privacy/protection obligations seriously and Participants have the right to enquire as to how their data is being processed, except how the Entry design is being judged, and may do so by making such a request in writing to: Creative Nail Design, Inc., 1125 Joshua Way, Vista, CA 92081/ pamela.evans@cnd.com.
5. Entry Period: The Entry Period begins at 5:59:59 P.M. Pacific Time (PT) on October 15, 2009 and ends at 11:59:59 P.M. Pacific Time (PT) on November 15, 2009 ("Entry Period End Date"). Pacific Time means the time that is the current local time in Los Angeles, California, USA on the dates above. Participants must have completed the Entry Form, uploaded their photograph and received an automated confirmation of successful submission by 11:59:59 P.M. PT on the Entry Period End Date to be eligible to participate. Participants are responsible for determining the corresponding time zone in their respective jurisdictions. Participants agree that all Entries become the property of Sponsor and will not be returned or acknowledged.
6. How to Enter: Create a creative, inspired and fashionable nail design that showcases one way you would use the new CND Colour and Effects product line to use. Give your design a title that identifies its inspiration. Log on to www.cnd.com. Click on the "Nailstyle Competition" link on the website, and follow the prompts to complete the entry form ("Entry Form") by (1) providing your legal first and last names, street address, city, country, postal code, daytime and home phone number, e-mail address, (2) completing the eligibility and release questions, (3) clicking on the "I have read, understand and agree" box, and (4) providing the information requested in Clause 7 below regarding your original nail design. Upload a photograph of your creative, inspired and fashionable nail design. Nail design and photograph must comply with the Entry Specifications listed in Clause 7 below to be eligible. Participants may enter as often as they like with different designs. The Participant is wholly responsible for following the entry instructions and Sponsor is not liable for any entries not safely received nor correctly submitted.
7. Entry Specifications: Each Entry must use at least one (1) of the fifty Colours and one (1) of the fifteen Effects from the new CND Colour and Effects product line shown at www.cnd.com. Entries may use multiple Colours or Effects and any other medium or media in addition to the required Colour and Effect, including airbrushing, feathers, beads, bits of metal, ribbon, etc. Entrants may share product, use samples or existing CND Colour and Effects product. Entry designs must be created on a human or artificial nail. We prefer your photographs submitted are of a single fingernail either human or artificial, shown against a white background. Hands shots are not recommended as they are harder to see and judge. Photographs must use one of the following formats: .jpeg or .gif. Each Entry must specify which Colour(s) and Effect(s) from the Colour and Effects product line were used for the nail design. Each Entry must provide a short title or statement identifying the "inspiration" or reason the design was created. For example, the inspiration could include: to celebrate a holiday or season, evoke an emotion, reflect a place, sound or event, or coordinate with a type of clothing. Each Entry design must be an original design created by the Participant. By submitting an Entry, Participants warrant and represent that the Entry design is his or her original work and does not infringe upon the copyrights, trademarks, privacy rights, publicity, intellectual property or other rights of any person or entity.
8. Judging: After the Entry Period End Date, all eligible Entries will be judged by a CND expert panel of judges on each Entry's creativity, inspiration, and fashionableness as follows. Creativity: will be assessed and points awarded for Entrant's creativity in combining at least one Colour and one Effect. Inspiration: will be assessed and points awarded for appropriateness of the overall impact of the design to the Participant's stated inspiration. The top 20 Entries so judged on Creativity and Inspiration by the CND expert panel of judges will be allocated a points score on a scale of 0 to 40 for Creativity and 0 to 40 for Inspiration and further entered into the final round for public assessment on fashionableness. Fashionableness: the judging of the top 20 designs as to fashionableness will be by public vote with the winner of this stage being the design that receives the most votes from visitors to www.cnd.com between November 23, 2009 and December 7, 2009, 11:59:59 P.M. PT, inclusive ("Voting Period"), with the most popular design of the top 20 receiving 20 points and the least popular receiving 1 point. Each visitor to the website will be allowed to vote for his/her favorite of top 20 designs once per day during the Voting Period. The final points so allocated to the top 20 designs will be added to their points score for Creativity and Inspiration to determine the winning design and final points scores. In the event of any tie the Potential Grand Prize Winner (and the five (5) potential Runners-Up if necessary) will be selected by the CND expert panel of judges based on their assessment of the best artistic value of the tied designs. The judges' decision will be final and no correspondence will be entered into. The Potential Grand Prize Winner shall therefore be the design with the highest points score or the tie-breaker winner. The five (5) next highest scoring designs (or judged to be the next best five (5) designs in a tie-breaker) each will be deemed a Potential Runner-Up. Each Potential Grand Prize Winner and Potential Runner-Up will be notified at the e-mail address on his or her Entry Form. Sponsor's proof of successful electronic transmission of the notification e-mail will be proof of each Potential Grand Prize Winner and Potential Runner-Up's receipt of same. Each Potential Grand Prize Winner or Potential Runner-Up must respond to Sponsor by e-mail and complete and return to the Sponsor the required Affidavit of Eligibility, Release of Liability and Publicity Release within 7 days of the date of the notification e-mail which will be sent on December 8, 2009, 11:59:59 P.M. PT, i.e. the Potential Grand Prize Winner and Potential Runner-Up must respond by December 15, 2009, 11:59:59 P.M. PT. Any Potential Grand Prize Winner or Runner-Up who does not comply with this requirement will be disqualified from the Competition and forfeit any right to any Prize. In that event, the Participant whose design received the next-highest score at the conclusion of all judging and voting, including tie-breakers, will be deemed the Potential Grand Prize Winner or Potential Runner-Up of the forfeited Prize subject to the same requirements and obligations of these Rules. When a replacement Potential Grand Prize Winner or Potential Runner-Up is notified of his/her status by email to the email address in his/her Entry Form, that replacement Potential Grand Prize Winner or Potential Runner-Up will have 7 days by which to respond as above otherwise a further replacement Potential Grand Prize Winner or Potential Runner-Up will be selected following the procedure set out above. Upon Sponsor's receipt of the required documents completed to the Sponsor's satisfaction, each Potential Grand Prize Winner or Potential Runner-Up will be deemed the Grand Prize Winner or Runner-Up, as appropriate. As used herein, the CND expert panel of judges shall be led by CND co-founder Jan Arnold and consist of at least two other CND professionals with appropriate expertise in nail design, technology and education. The decisions of the judges will be final and binding as to scoring of Entries.
9. Prizes: One (1) Grand Prize will be awarded consisting of (a) tickets for the Grand Prize Winner to travel by air, coach/economy class, from the Grand Prize Winner's country of residence to New York City to attend Fashion Week 2010, which will occur between February 11-18, 2010 and be held at Bryant Park, New York ("Venue"), (b) hotel accommodations for three nights in New York City, and transportation to/from New York airport and New York hotel and to/from New York hotel and Venue, meals (breakfast, lunch, dinner) during the stay, and (c) an admission ticket for one to Fashion Week 2010. If the Grand Prize Winner lives within 120 miles of the Venue, airfare will not be provided and no compensation will be paid in lieu thereof (the Grand Prize Winner will make their own travel arrangements to/from New York City in this instance). Grand Prize Winner must accept the Prize and travel on times and dates specified by Sponsor or Prize will be forfeited (but in any case the travel times/dates will be no more than one week before 11 February in respect of the outbound flight and one week after 18 February in respect of the inbound flight). Grand Prize to be valued up to a maximum retail value of US $2,500 ("MRV"). Actual value of Grand Prize depends on departure city and airfare fluctuations. No payment or credit will be given to the Grand Prize Winner for any difference between the MRV and the actual value. Grand Prize Winner is responsible for timely securing all travel documents necessary for air travel to New York City including, but not limited to, visas, passports, immunization or health records, identification. Grand Prize Winner is responsible for travel to/from the departure airport from which Sponsor has arranged travel to New York City and the cost thereof. Notwithstanding clause 10 below, the Sponsor does not accept responsibility for any loss the Grand Prize Winner may suffer while travelling to/from New York City, while in the custody of the airline or during the Grand Prize Winner's stay in New York City. Up to five (5) Runners-Up will receive by commercially reasonable delivery service a new Salon Colour Display with a recommended retail price of $690.00 US which will be shipped within 2 to 4 weeks of the Winners List being announced. There is no restriction on the number of prizes which can be won per Participant. No cash alternative will be awarded. No alternative prize may be claimed save as at the sole discretion of the Sponsor. This is a skill based Competition and chance plays no part in the determination of winners. All decisions of the Judges as to scoring of Entries are final and binding. The Sponsor and the Judges will not enter into any correspondence with Participants or any other person regarding the Competition, the Prizes, the Grand Prize Winners and/or the Runners-Up unless it chooses to do so. Winners are responsible for all taxes, tariffs, stamps, duties, and restrictions or limitations on the use of any Prize awarded herein.
10. Limitation of Liability: Participants acknowledge that many elements of the Grand Prize are outside the control of the Sponsor and in particular air carriage, ground transportation, the running and operation of Fashion Week 2010, hotel accommodations, restaurant services and so on are all the sole responsibility of third parties over which Sponsor has no control and no responsibilities are accepted whatsoever. Liabilities are expressly excluded by the Sponsor for the same. By participating, Participants agree to release, discharge and hold harmless Sponsor and its subsidiaries, affiliates and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Competition or any Competition-related activities and the acceptance and use, misuse, or possession of any Prize awarded hereunder. Sponsor is not responsible for any malfunction in connection with the entire Competition, the website displaying the Competition Rules or Entry information, and assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failures, technical malfunction of any telephone network or lines, cable connections, software computer online systems, servers or providers, computer equipment, or Internet or any website congestion, failure of any Entry to be received based on technical failures, human errors of any kind, or any combination thereof, including any injury or damage to Participants' or any other individuals' computer related to or resulting from participation related to this Competition, or for any failure to receive timely travel documents, missed or delayed flights or connections. To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Sponsor and any judge involved in the Competition at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth in these Rules, including infringement of third party rights.
11. Right to Cancel. If for any reason the Sponsor determines that the Competition is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, legality, integrity, or proper conduct of the Competition, including in the receipt of Entries and during the Voting Period, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition and its decision shall be final. No liability for any claimed loss or damage will be accepted and Sponsor expressly excludes any liability for the same in such an event.
12. Applicable Forum and Governing Law: The validity, enforcement, interpretation, and performance of these Rules and the Competition itself shall be governed by the laws of the State of Florida, United States of America, excluding all conflict of law rules. The courts of the State of Florida shall have exclusive jurisdiction to the extent permitted by the laws of a Participant's country of residence. If any provisions of the Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, Participants expressly waive any and all rights to litigate or seek any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with these Rules and the Competition.
13. Winners List: Winners' names and city or community of residence will be available online at www.cnd.com after January 10, 2010, or send a self-addressed, stamped envelope to: Creative Nail Design, Inc., 1125 Joshua Way, Vista, CA 92081. Residents of Vermont and Canada need not include return postage.
