RULES & REGULATIONS

1. Eligibility and How to Enter: 

1. Eligible entrants/voters: 

a. Entry and voting is only open worldwide who are 18 years and over. Entrants/voters under the age of 18 must have parent or legal guardian approval to enter/vote.

b. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter or vote. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 

2. Potential winners/finalists are subject to verification of eligibility and identity per these Conditions of Entry, which will include a background check and completion of documentation required by Promoter to complete such background check, the results of which must be completely satisfactory as determined by the Promoter in its sole discretion. Additional eligibility requirements apply for winners/finalists, as described herein. Winning a prize is contingent upon fulfilling all requirements set forth herein, including the Promoter’s approval of the results of a background check. 

3. Entrants agree that during the period 2 July 2018 – 31 July 2018, they will not post any submissions (“Submissions”) provided to the Promoter in connection with this Promotion, including the Video Entry Submission (defined below), on Facebook or any other social network. Entrant must have permission from the model and any other individuals who appear in a Submission consent to the use of the Submission in this Promotion and to use their names and likenesses in the Submission and to grant the rights set forth herein. Other than the entrant, all other individuals included in a Submission must be at least 18 years of age. If requested, entrant must be able to provide such permissions or proof in a form acceptable to the Promoter. Additional Submission requirements: 

a. Entrants Submissions must be his/her original work. 

b. Entrant may not make any claims or beliefs (positive or negative) about any product or its performance in a Submission. 

c. Submissions must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. 

d. Submissions must not disparage the Promoter or any other person or party. 

e. Submissions may only contain music with the entrant owns, royalty free music and must not infringe any copyright laws. 

f. Submissions must not contain any content not created by entrant. 

g. Submissions must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous. 

h. Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and 

i. Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any State/Territory where Submission is created. 

4. Submissions generated by script, macro or other automated means are void. 

5. How to Enter: 

a. Video submissions open at 05:00 pm AEDT on 02/07/18 and close at 05:00 pm AEST on 27/07/18 (“Entry Period”).

b. Comments and Likes on the 12 finalists videos will close on 05:00 pm AEST on 30/07/18. 

c. To be eligible to enter, an entrant must make or have previously made a makeup tutorial video, which shows us your favourite makeup look (“Video Entry Submission”). 

d. Video Submission Requirements: The Video Entry Submission must meet the following requirements: 

i. You may make up your own face or use a model in the video. 

ii. If you use a model in your video, your model must be at least eighteen (18) years of age. 

iii. You may use any cosmetic products you would like however you must use at least one Mellow Cosmetics product to create your makeup look. Your use of or reference to Mellow Cosmetics will not positively impact the finalist/winner determination process. 

iv. Must not exceed 15 minutes. 

v. Must be in English. 

vi. Must be in a format that is compliant with formats that YouTube and Facebook guidelines: avi, flv, mov, mp4, mpeg4, mpegps, 3gpp, webM,or wmv format. 

vii. Must not plagiarise other artists' work and always credit artist where you draw inspiration. 

viii. Must meet YouTube's Terms of Service at http://www.youtube.com/static?gl=US&template=terms and its Community Guidelines at http://www.youtube.com/t/community_guidelines; and must meet Facebook’s Terms of Service https://www.facebook.com/terms.php and its Community Standards https://www.facebook.com/communitystandards/ 

ix. Must be posted to the Mellow Cosmetics Facebook page https://www.facebook.com/mellowcosmetics/, within the Entry Period. For the sake of clarity, videos submitted may be new or existing. 

e. If you do not have a Facebook account, go to www.facebook.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 Promotion is in no way Promoted, endorsed or administered by, or associated with Facebook. If you choose to enter using your mobile phone, standard data fees may apply. See your mobile provider for pricing plan details. 

f. To enter, an entrant must complete the following steps during the Entry Period: 

i. Visit www.facebook.com/mellowcosmetics ; and 

ii. Post your Make Up Video to the Mellow Cosmetics Facebook Page; and 

iii. on your post, include your name, country, instagram handle #mellowstarawards. 

iv. The entrant must ensure their submission matches the requirements and restrictions outlined in this guideline video in addition to any conditions set out herein. 

g. By entering this Promotion and agreeing to these Conditions of Entry, each entrant represents and warrants that he or she is the person listed on the entry form. By uploading submitting your Video Entry Submission as part of the entry requirements, or any other submission to the Promoter during this Promotion, you agree that it conforms to the guidelines, requirements, permissions, and content restrictions listed herein and that the Promoter, in its sole discretion, may disqualify you if it believes that it fails to conform. 

h. Your use of or reference to Promoter’s products will not positively impact the Winner Determination process 

i. Each week during the Entry Period, there will be three (3) weekly winners in accordance with the Promotional Timings outlined in Section 7 below. 

 j. The three (3) videos with the most likes and comments for the individual weeks will be determined as a one of twelve (12) finalists. 

 k. The video of the final twelve (12) finalists with the most number of likes and comments as at 5pm AEST on Monday 30th July will be the overall winner and Mellow Star 2018. 

 l. The winner will be announced 9am Tuesday 31st July on the Mellow Cosmetics Facebook Page. 

6. Entry/Submission Limits: 

Each entrant may upload one (1) Submission during the Entry Period. 

7. Entry Period Timings:

WEEK ONE2nd July – 6th July (5pm AEST cut off)3 x Finalists announced Saturday 7th July on Mellow Cosmetics Facebook Page. 

WEEK TWO9th July – 13th July (5pm AEST cut off)3 x Finalists announced Saturday 14th July on Mellow Cosmetics Facebook Page.WEEK THREE16th July – 20th July (5pm AEST cut off)3 x Finalists announced Saturday 21st July on Mellow Cosmetics Facebook Page.WEEK FOUR23rd July – 27th July (5pm AEST cut off)3 x Finalists announced Saturday 28th July on Mellow Cosmetics Facebook Page.OVERALL WINNER ANNOUNCEDTuesday 31st July 9am AEST on Mellow Cosmetics Facebook Page. 

8. Prize: 

1. The twelve (12) finalists will receive a $100AUD Mellow Cosmetics Gift Card. 

2. The overall winner will receive a prize of $1500AUD 

3. Each winner will be announced on the Mellow Cosmetics Facebook page and will be contacted via direct message. 

4. Winners must respond within 48 hours to claim their prize. 

 

9. Agreement to Official Rules: 

1. The promoter is Mellow Cosmetics Pty Ltd, 28 Penong St, Westlake, Brisbane, QLD 4074  (“Promoter”) 

2. The name of this promotion is the MELLOW STAR AWARDS (“Promotion”). 

3. Entrants and voters agree and acknowledge that they have read these Conditions of Entry and that participation in the Promotion is deemed to be acceptance of these Conditions of Entry. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. 

4. Entries/votes are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant/voter. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. 

5. Valid and eligible entries and votes will be accepted during the required entry/voting periods specified herein. 

6. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants' personal information (including through its contractors or agents) or disclose entrants' personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, entrants including to overseas locations such as Australia (for NZ entrants), New Zealand (for Australian entrants), the USA, Canada, Singapore and other countries in Asia and the EU. By entering this promotion, entrants consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the entrant via electronic messaging. By entering this Promotion, entrants consent to email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at https://mellowcosmetics.com.au/pages/privacy-policy contains information about: (a) how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint. 

7. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and Country. 

8. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner’s behalf. 

9. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Fair Trading Act 1987 (AUS) and the Competition and Consumer Act 2010 (Cth). 

10. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize. 

11. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 

12. All material submitted on entry (e.g. Submission(s), Video Entry Submission(s), video(s), photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause. 

13. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.

14. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 

15. To the extent permitted under law, the Promoter and its associated agencies and companies ("Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilised in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the Submission process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorised third-party use of any Submission. 

16. Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that if there are any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, it shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration. 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 solicitors' 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. 

17. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. 

18. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components. 

19. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. 

20. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.