OFFICIAL RULES FOR THE 2007 SMASHBOX MODEL SEARCH CONTEST

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

COMPETITION ENTITIES:

Smashbox Cosmetics and Photogenics Management ("the Competition Entities") are the sponsors of the 2007 Smashbox Model Search Contest ("the Competition").

ELIGIBILITY:

All Entrants must be legal residents of any state of the United States, must be female, and must have been no younger than 13 years of age or no older than 25 years of age on the date that the earliest of the Submitted Photographs are submitted.

Entrants must be at least 5'7" in height.

Those Entrants under the age of 18 must provide proof of consent to enter from a parent or legal guardian in order to enter this competition.

ENTRY:

To enter, follow the links at smashbox.com or myspace.com/smashboxcosmetics (the "Web Sites") to the official entry form. You must complete all information requested, including but not limited to your legal name, maiden or married name (if any), residential street address (including apartment number), zip code/postal code, daytime, home and cell telephone numbers, e-mail address at which you can be reached, date of birth and all other biographical information requested on the form.

After completing the entry form, you will be able to upload one (1) beauty (face only) photograph. This face only photo must be your default picture. Violation of this rule can result in disqualification. You will also be able to upload two (2) additional photographs of yourself in JPEG format, (the "Submitted Photographs" using the instructions provided.

All photos must be approximately 290 x 395 pixels and up to 250 KB file size.

Only the Entrant should appear in the submitted photographs. Submitted photographs must be recent. The Entrant must be between 13 and 25 years of age at the time photos were taken.

While Entrants may have assistance in entering data and uploading the photos, each Entrant must otherwise complete the entry forms herself. Any entries submitted by anyone other than the person appearing in the Submitted Photographs (including but not limited to entries submitted by modeling agencies) will be rejected.

When the upload is completed, you will be given an Unique ID number that you will need for all future correspondence and submissions.

The Competition Entities reserve the right to contact a person who has entered the Competition (an "Entrant") to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional photos, in Competition Entities' sole discretion, if there are problems with the Entrant's initial submission of such Submitted Photographs, or if there are other questions or problems with such entry.

As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to use the Submitted Photographs in the Smashbox Web Site, (including the WAP version thereof), and/or associated or otherwise affiliated Web/WAP sites.

Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded.

No altered photographs or photographs containing more than one person, will be eligible. Any Submitted Photographs exhibiting Entrant's nipples or genitals will be rejected. The determination of whether any image has been altered, or exhibits Entrant's nipples or genitals, is in the sole discretion of the Competition Entities. False, deceptive or incomplete entries or other information provided by Entrants throughout the Competition (including but not limited to responses to questionnaires) shall render the entry ineligible.

The Entrant may submit her entry form and photographs using the above procedures anytime during the period 03/19/2007, 12:00 PM Pacific Standard Time (PST) until 06/10/2007, 12:00 PM PST (the "Entry Period"); late entries shall be ineligible. Date of entry during the Entry Period will not affect chances of being chosen.

The Competition Entities reserve the right to disqualify any Entrant whose image has been published, or during the course of this Competition is published, in any media (publications, World Wide Web, television, etc.), in a manner that is considered by the Competition Entities, in their sole discretion, to be pornographic, vulgar or obscene.

All Entrants who are selected as Semi-Finalists further agree that for the one (1) year period following the announcement of the Winner, their images shall not be published in any media (publications, World Wide Web, television, etc.), in a manner that is considered to be pornographic, vulgar or obscene by the Competition Entities, in their sole discretion.

The Competition Entities also reserve the right to disqualify any Entrant whose image has been published on or after January 1, 2005, other than in the background, or during the course of this Competition is published, in any media (publications, World Wide Web, television, etc.), that in the Competition Entities' sole discretion shall be deemed to compete with the Competition.

Failure to comply with these Official Rules will result in ineligibility of Entrant. Entrant appoints Competition Entities as her attorneys in fact, and grants Competition Entities permission to demand the removal of any photographs that violate these Official Rules.

Employees, representatives and agents of the Competition Entities, their parent companies, subsidiaries, affiliates, and their advertising and production companies and any family member or person domiciled with any of the foregoing, are not eligible to participate. All federal, state/provincial and local laws and regulations of the United States and/or Canada apply. Void where prohibited or restricted. Entrants agree to be bound by these Official Rules.

Photographs of Entrants, Semi-Finalists, Finalists and Winner may be published on the Web Site and/or associated or otherwise affiliated Web sites. All participants may be required to submit the Submitted Photographs in a different format, including but not limited to a high-resolution JPEG file or photographic print, or, at the sole discretion of the Competition Entities, may be required to submit additional photographs.

Finalists may also be required to: (i) respond to additional questionnaires; (ii) submit to an interview via telephone or otherwise; and/or (iii) submit other additional materials or information, at the discretion of the Competition Entities. The return of the above referenced materials and other cooperation with the Competition Entities within the allotted time shall be the sole responsibility of the Finalist; the Competition Entities are not responsible for delays in delivery. Failure to comply with these requirements, or inability to contact the Finalists at the e-mail address and/or telephone number provided for more than five (5) days, will result in ineligibility of Finalist.

The Finalists will be contacted via e-mail or telephone and must respond to such contact within forty-eight (48) hours (or such longer period as shall be determined within the sole discretion of the Competition Entities). Any Potential Finalist who does not respond, will be disqualified, and another Potential Finalist may be chosen.

LIMITATIONS OF LIABILITY:

The Competition Entities are not responsible for late, lost, misdirected, undeliverable or incomplete on-line entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or on-line entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or entries not received by the Competition Entities on account of technical problems or traffic congestion on the Internet, or at a web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from entering the Contest or downloading any material for the Contest, or other telecommunications malfunctions which may limit an entrant's ability to participate.Ê The Competition Entities may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or representatives of Competition Entities. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of the Competition Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then the Competition Entities reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. CAUTION: ANY ATTEMPT BY ANY PARTY TO DELIBERATELY ACCESS SENSITIVE INFORMATION, DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE WILL BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, the Competition Entities RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PARTY TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

SELECTION OF THE WINNER:

The selection of the winner shall be within the sole discretion of the Competition Entities, whose decisions shall be final,

In the event that a Winner is determined to be ineligible or withdraws from the Competition, the Competition Entities reserve the right to select another Winner.

The Potential Winner will be photographed by a professional photographer, selected by the Competition Entities, at the Competition Entities' cost and expense (including airfare from the gateway airport nearest Potential Winner's home to the city in which the photo shoot will take place, and at least one (1) night's hotel accommodations (double occupancy) at a hotel selected by the Competition Entities. If the gateway airport serving Potential Winner's home serves the city in which the photo shoot takes place, Potential Winner shall not receive airfare or hotel accommodations, and no other prize will be substituted. Any expense not specifically referred to herein shall be the sole responsibility of the Potential Winner. One or more photographs of the Winner may appear on the Web Site, or an affiliated or associated Web site.

 

 

 




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