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Article 1 – Object of the Competition
 
The companies, MAKE UP FOR EVER and OOB Company, are launching a competition called the "PRO MAKEUP CHALLENGE" from 9am, 1 October 2015, Paris time, to 11:59pm, 31st December 2015, Paris time, hereinafter the “Competition”, the object of which is to reward participants, who have created a make-up, illustrated by three photographs, on a specific theme and whose photographs have been selected by a jury of respected make-up professionals on the basis of the following qualitative criteria: creativity (50% of the marks), make-up technique (25% of the marks) and adherence to the theme (25% of the marks).
 
Participation in the Competition is completely free and without any obligation to purchase. No registration fees have to be paid by participants, who are also not required to purchase or use any given products.
 
Article 2 – Organisers
 
The Competition is organised by:
 
- MAKE UP FOR EVER, a limited-liability company with a capital of 1,050,000 euros, registered with the Paris Company Registration Office under number 318309267, having its registered office at 5, rue la Boétie, 75008 Paris, France; and
- OOB Company, a private limited company (SARL) with a capital of 5,000 euros, registered with the Paris Company Registration Office under number B 791 864 192, having its registered office at 101, Avenue des Champs-Elysées, 75008 Paris (the "Organisers").
 
A copy of these rules, governing the terms and conditions of the Competition (the "Rules"), in French may be consulted on the dedicated website (the "Website"): http://makeupforeverprotribe.com/. A copy may also be obtained free of by any person, who so requests, from the Organisers during the period of the Competition.
 
The Rules may be modified or completed at any time and without prior notice by the Organisers. Any modification shall enter into force from the moment that it is placed online on the Website. Any participants, who reject the modification(s) made to the Rules, shall cease to participate in the Competition.
 
 
 
 
 
 
Article 3 – Conditions regarding participation
 
The Competition is open to any natural person working in the area of make-up, whether professionally or as an amateur, who has reached the legal age of majority in his or her country and who has registered beforehand on the Website in the dedicated space by 6pm, 30 December 2015, (Paris time), at the latest (the "Candidate" or the "Participant").
 
The following may not participate in the Game:
 
* Individuals who do not meet the above conditions;
 
And, on any account:
 
* members of the management of the Organisers (as defined below);
 
* individuals, who have collaborated in the organisation of the Competition; or
 
* members of their respective families (family in the context of these rules refers to the individuals living under the same roof).
 
The Organisers are the sole judges as regards the admissibility of Candidates to the Competition.
 
Article 4 – Participation of the Candidates
 
To participate in the Competition, the Candidates must fill out a profile on the Website. Only one profile per Candidate is permitted.
 
 
The profile must be completed in English on the website (http://makeupforeverprotribe.com/).
 
The Participant must then click on the button, "Participate", to validate his or her application to participate in the Competition. By doing so, the Participant states that he or she has read and accepts the Competition rules.
 
Each Candidate may participate only once. Any attempt to participate more than once, by using different identities, registrations, passwords, addresses or any other means, shall result in the disqualification of said Internet surfer. Applications generated by scripts, macros or any other automatic process or any means that alter the method of registration shall be null and void. All applications shall remain the property of the Organisers and will not be returned.
 
Once the profile has been completed, confirmation of its reception by the Organisers will be sent to the Candidate to the e-mail address shown in the application, together with confirmation of the validation of the profile.
 
Article 5 – Application file
 
How to lodge your application file:
 
Registration takes place directly on the Website.
 
The Participant must fill in the following mandatory fields: First or Given Name, Surname, Date of Birth, Specialisation and Experience.
 
The information collected will be processed solely for the needs of the organisation and management of the competition organised by the Organisers for the purposes of contacting the Competition winners.
 
In accordance with the Data Protection Act [loi "informatique et libertés"] of 6 January 1978, as amended in 2004, you have the right to access and rectify information that concerns you. To do so, please contact protribe@makeupforever.fr.
 
You may also, for legitimate reasons, object to the processing of data that concerns you. Your participation in the competition remains, however, subject to the collection of said information, which is indispensable for the organisation and proper running of the competition.
 
After the validation of his or her registration, the Candidate may send his or her three obligatory photographs to the following address : protribe@makeupforever.fr
 
Only photographs that are in colour and have been neither retouched/edited nor modified by any means whatsoever will be accepted, showing:
- Beauty: head/neck/shoulders
- Frame of the eye
- Frame of the mouth
 
The Photographs must be sent to the address: protribe@makeupforever.fr. The Organisers alone will judge whether the photographs comply with the Rules and their judgement may not be disputed. A Candidate must also accept the Rules for his or her application to be validated.
 
 
The Participant may also, if desired, upload his or her professional portfolio and/or add an URL address at which his or her professional achievements may be found.
 
The themes that the candidate must address are:
The Participant must execute the make-up of a person who, for him or her, represents a "Creature of Beauty". This personage must not be a double of any person, living or dead, and the make-up must be on a model. The Participant must be as creative as possible and think outside of the box.
 
The brief is available in writing from the following address: http://makeupforeverprotribe.com/#/article/contest-the-theme/09/09/2015/9;
and on video at the following address:
http://makeupforeverprotribe.com/#/article/dany-jabe- revelations/17/09/2015/15.
 
Instructions regarding the content of an entry:
 
The Organisers demand that candidates' compositions not include any of the following and, accordingly, reserve the right not to retain any entries that contain such elements:
 
 
• Any explicit or suggestive sexual element, unnecessary violence or critical attitude as regards race, sex, religion, profession or age; any vulgarity or pornography; any nudity;
 
 
 
 
 
 
 
 
• Promotion of alcohol, drugs, tobacco, fire arms or their use; promotion any dangerous activity; promotion of any political message or programme;

• Any obscenity or element intended to shock; incitation to hatred;
• Content of any other entry;
• Defamation, disparagement or denigration of the Organisers, their products and services or any other persons or companies related to them;
• Brand names, logos or designs belonging to third parties without having obtained their authorisation;
• Copyright-protected works without having obtained the holder’s authorisation;
• Items using the name, likeness, voice or other element that may identify an individual (living or dead), in particular a celebrity or other individual in the private or the public sphere;
• Spreading of any messages or images contrary to the positive images with which the Organisers wish in all good faith to be associated;
• Violation of the law.
 
Article 6 – Selection by the jury
 
This second phase will take place between 1st January 2016 and 10th January 2016.
 
Dany Sanz, Creator and Artistic Director of MAKE UP FOR EVER, and Jabe, Editor-in-Chief of OOB Magazine will form the Jury, which chooses the 20 finalists.
 
They will review the candidates' files against all the conditions laid down in these Rules to determine whether they are acceptable and complete, and adjudicate on the basis of the qualitative criteria as regards creativity (50% of the marks), make-up technique (25% of the marks) and adherence to the theme (25% of the marks).
 
Any file that is incomplete, submitted late or contains incorrect or misleading information will be declared inadmissible, without any obligation to inform the Candidate in question thereof and without any right to any compensation whatsoever being thereby created for the Candidate, whose file has been rejected, at any stage of the Competition award process.
 
The Jury's decision is final. Its deliberations are confidential and are not open to appeal.
 
The 20 finalists will receive a confirmation e-mail from MAKE UP FOR EVER and will be announced on the website around Monday, 11 January 2016 and no later than 15 January 2016.
 
Article 7 – Final
 
This third phase will take place between 12 and 13 March 2016.
 
The 20 finalists will be invited to the TV & CINEMA MAKE UP FOR EVER Academy for the final event: the candidates must put make-up on a model on the basis of a set theme and within a given time.
 
The models and the products will be made available by the Organisers.
 
The Jury will choose the three Winners on the basis of the following qualitative criteria: creativity (50% of the marks), make-up technique (25% of the marks) and adherence to the theme (25% of the marks).
 
 
 
 
 
 
Article 8 – Prizes
 
This fourth phase will take place on 13 March 2016.
 
The 20 finalists will each receive a copy of OOB Magazine and a palette of 10 Artist Shadows signed by Dany Sanz, the estimated value of which is €160.
 
The prizes of the three Winners will be:
 
-          1st prize: 1 week of Intensive Training in the MAKE UP FOR EVER Academy closest to where he or she lives, €2,000 (including tax) of MAKE UP FOR EVER products and a photo shoot at OOB Magazine (shooting foreseen for 13 March 2016).
-          2nd prize: €1,500 (including tax) of MAKE UP FOR EVER products and a large makeup station worth €670.
-          3rd prize: €1,000 (including tax) of MAKE UP FOR EVER products and a Zuca (professional make-up bag with wheels) worth €290.
 
The prizes will be sent to the winners by ordinary post within one month at most of the end of the Contest.
 
The Winners will be announced on 13 March 2016, when they will be asked to provide a postal address.
 
 
The potential Winners may be asked by the Organisers to complete a declaration concerning the admissibility of their candidature. A potential Prize-Winner will be disqualified if it is not possible to inform the former of the prize, if he or she refuses to sign and return any necessary document within the stated deadline, if it is not possible for the Organisers to contact a Winner within a reason period of time or if he or she fails to respect these rules.
 
If the participation of a winner is not in accordance with these rules (in particular, because of a wrong name and/or postal address, for example), the prize in question will not be allocated to another person and shall remain the property of MAKE UP FOR EVER. The programme details of the training week at the MAKE UP FOR EVER Academy closest to the winner's place of residence will be given to the Winner at the time of the notification of the prize.
 
 
The candidate shall be responsible for any transport costs to TV & CINEMA MAKE UP FOR EVER Academy and any accomodation costs.
 
 
The candidate shall, in addition, be responsible for any insurance, airport services, excess baggage, visa fees and all personal expenses (laundry, telephone, drinks, room service, tips, etc.). They shall also be responsible for ensuring that all administrative and health formalities related to their stay in France are respected, particularly as regards border formalities and any deadlines for completing them.
 
The Competition is strictly personal and may not be transferred or used by any person other than the Winner. The rights and obligations arising from the Competition may not be assigned or transferred to a third party by the Winner. A prize may not be the subject of any objection or dispute, replaced by a cash payment, exchanged or replaced. The Winners must obtain all the necessary travel documents, such as passports and visas. The prizes as described above have been determined by the Organisers at their sole discretion. A single prize will be awarded per person and per e-mail address.
 
 
 
 
 
 
 
Article 9 – Intellectual Property
 
The Video and the Photograph freely placed online by the Candidate in his or her application file may be used by the Organisers for presentational, communication and promotional purposes regarding the Competition, the Candidates and their creations, including in the context of the Organisers' institutional communications.
 
Each Winner hereby permanently and irrevocably but not exclusively grants the Organisers a licence in relation to all of the intellectual property rights relating to the Video and Photograph, including in particular the copyright, the rights regarding registered drawings and models, and the rights regarding registered and unregistered brand names, granted to him or her under the legislative or regulatory provisions of all countries, as well as under current and future international conventions.
 
This licence is granted free of charge for the entire world and for a duration of three (3) years from […]1 October 2015.
 
The Organisers are authorised, under this licence, to use all or part of the Video and Photograph by any means and as often as the Organisers deem necessary for presentational, communication and promotional purposes regarding the Competition, the Candidates and their creations, including in the context of the Organisers' institutional communications.
 
The Organisers are therefore authorised for a period of three (3) years from 1 October 2015:
 
–         to reproduce or have reproduced all or part of the Video and Photograph, either temporarily or permanently, whether associated or not with other intellectual property items of any kind whatsoever, be they of an identical nature or not, using any known or unknown process, on any known or unknown medium, be it paper or electronic:
 
–         to represent or have represented the Video and Photograph, whether associated or not with other intellectual property items of any kind whatsoever, be they of an identical nature or not, in their entirety or extracts thereof, for presentation or communication to the public and using any known or unknown means of publication, dissemination or broadcasting, in particular via any electronic communication network, particularly the Internet; and
 
–         to carry out any adaptations, transformations, arrangements, modifications, additions, deletions and translations that the Organisers deem necessary for the use of all or part of the Video and Photograph.
 
For the needs of the organisation of the Competition, each Candidate guarantees the Organisers:
–         the legal existence of the intellectual property rights relating to the Video and Photograph and undertakes to take all necessary steps as regards the maintenance and, as appropriate, the renewal of said rights and to bear any related expenses;
 
–         that he or she holds all the intellectual property rights that allow him or her to upload the Video and Photograph on the Website and to grant the above-mentioned licence and that he or she has obtained, as the case may be, the authorisation to upload said item and grant said licence from any persons, who may have contributed to the creation of the Video and Photo or appear in the Video or Photograph; and
 
–         that the Video and Photograph do not breach the rights of any third parties and that the Organisers will not be the object of any objection, infringement proceedings, invalidity suit, action for cancellation or revocation, or action regarding entitlement.
 
Each Candidate guarantees that the Organisers may freely and peacefully use the Video and the Photograph for the purposes set out above. Each Candidate indemnifies the Organisers against any claims or actions by any third parties in this regard.
 
The provisions of this article shall equally apply to any content produced by the candidates during the final test: videos, photographs and audio recordings.
 
Article 10 – Personality rights (Image rights)
 
The Video and Photograph contain elements protected under personality rights (such as, for example, the images of the models and the candidates that appear in the Video and Photograph), the "Elements of personality":
 
Each Candidate grants the Organisers an irrevocable and non-exclusive authorisation to use, reproduce, represent and exploit freely all or some of the Elements of Personality forming part of the Video and Photograph, by any means and as often as the Organisers deem necessary for presentational, communication and promotional purposes regarding the Competition, the Candidates and their creations, including in the context of the Organisers' institutional communications.
 
This authorisation is granted free of charge for the entire world and for a duration of three (3) years from […]1 October 2015.
 
This authorisation covers all the rights related to the Elements of Personality that may be granted under the legislative or regulatory provisions of all countries, as well as under current and future international conventions.
 
Each Candidate guarantees that he or she has obtained the authorisation to grant the Organiser the above authorisation and for him or her, within the framework of his or her participation in the Competition, to use the rights to the Elements of Personality of any and all third parties, whose surnames, first names and/or images representing them are communicated to the Organiser, in particular all the authorisations necessary as regards the image rights of the models appearing in the Video or Photograph.
 
Each Candidate guarantees that the Organiser may freely and peacefully use the Elements of Personality for the purposes defined above, respectively, for the Elements of Personality within the Video and Photograph.
 
Each Candidate, furthermore, authorises the Organiser to film him or her during the training week at the Paris MAKE UP FOR EVER Academy.
 
Article 11 – Conflict of interest
 
The Organiser reserves the right to exclude at any time any Candidate or Winner and, as the case may be, to deprive the Winner of his or her Competition, in the event of failure to respect the terms of these Rules, the general conditions regarding the use of the Website or of behaviour that brings the name and reputation of the Organisers, its directors, managers or employees into disrepute.
 
Article 12 – Liability
 
The Organisers reserve the right to modify, postpone, prolong, suspend or cancel the Competition for any reason whatsoever and without prior notice, without its liability being thereby engaged. No compensation or damages may be claimed by Participants.
 
Participation in this Competition implies cognisance and acceptance of the characteristics and limits of the Internet, in particular as regards technical performances or malfunctioning, and the absence of protection against possible misappropriation of certain data.
 
The liability of the Organisers may not be engaged in the event of force majeure or as a result of unforeseeable circumstances beyond its control that disrupt the organisation or management of the Competition.
 
The Organisers may not be held liable for any theft, degradation or damage, whether direct or indirect, of any nature whatsoever, of which the Winners may be the victim when travelling or when present at the Paris MAKE UP FOR EVER Academy.
 
Article 13 – Applicable law and resolution of disputes
 
These Rules are subject to French Law.
 
Participation in the Competition implies the unreserved and unrestricted acceptance of these Rules. The final decision as regards any practical difficulties in relation to the interpretation or application of these Rules shall rest solely with the Organisers.
 
No objections in relation to this Game will be entertained after 27 March 2016. It is explicitly agreed that any disputes between the Organisers and a Candidate shall be submitted to the courts within the jurisdiction of the Court of Appeal of Paris.
 
Article 14 – Miscellaneous Provisions
 
Should any of the provisions of these Rules be or become null and void, illegal, unenforceable or inapplicable in any manner whatsoever, the validity, legality or application of the other provisions of the Rules shall not be affected or altered.