Make Up For Ever LLC (“Make Up For Ever”) Q2 Brand Select Campaign Challenge Terms and Conditions



NO PURCHASE NECESSARY TO ENTER OR WIN THIS CHALLENGE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TERMS AND CONDITIONS BELOW. VOID WHERE PROHIBITED BY LAW.

BY ENTERING THE CHALLENGE, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT. READ CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

The Make Up For Ever USA Brand Select Campaign Challenge (“Challenge”) begins 12:00 AM (ET) on March 19th, 2025 and ends 03:00 AM (ET) on June 19th, 2025 (“Challenge Period”).

Your participation is subject to (i) Makeupforever.com’s Terms and Conditions and Privacy Policy, (ii) TikTok’s Terms of Service; (iii)TikTok’s Privacy Policy; (iv)TikTok’s Community Guidelines; (v) TikTok Advertising Policies; and (vi) any other terms, conditions, and/or rules published or made available by TikTok, as such terms may be amended from time to time (the “Platform Documents”). You further acknowledge and agree that all content provided by you in connection with this Challenge (“Content”) is “User Content” as such term is defined in Terms of Service. To the extent there is any conflict or inconsistency between the provisions of these Participation Terms and the provisions of the Platform Documents, the provisions of these Participation Terms shall control.

SPONSOR: Make Up For Ever, 841 Broadway, 4th Floor, New York, NY 10003

ELIGIBILITY

Challenge is open to eligible creators who are at least 18 years of age and reside in the United States of America (“Contestants”). Challenge is subject to all applicable federal, state, and local laws. By participating, each Contestant agrees to abide by these Participation Terms and the Platform Documents and decisions of the Sponsor, which shall be final and binding in all respects relating to this Challenge.

HOW TO PARTICIPATE:

Contestants must meet the following requirements:

• Post at least 3 shoppable short videos (at least 15 seconds each) and/or 2 livestreams (at least one hour each) with the hashtag #MakeUpForEverBrandSelect during the Challenge Period.
• Mention at the start of the video or livestream that the samples were provided to you for free (if applicable) and use all proper label disclosures for your content.
• All qualifying content must tag a product/products from Make Up For Ever USA.

Once these requirements are met, the sales generated from a Contestant's shoppable content during the Challenge Period will count towards determining the winners of the Challenge. Content or revenue generated by script, macro, or other automated means or by any means which subvert the submission process are void. There is no limit on the number of shoppable content a Contestant can make.

CONTENT REQUIREMENTS:

Content should be appropriate for an audience of 13 or older. Content must be the original work of the Contestant, 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.
Content 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 content;
• defames, misrepresents, or contains disparaging remarks about the 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, 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 goodwill to which Sponsor wishes to associate; and/or • violates any law and the Platform Documents.

Sponsor may disqualify Contestant for any reason, including if it determines, a failure to conform to these Participation Terms in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.

PUBLICITY GRANT AND LICENSE/USE OF SUBMISSIONS:

In addition to, and without limiting, the rights and licenses granted to TikTok in the Terms of Service, Contestant hereby grants to TikTok and its affiliates, successors, licensees and assigns, all necessary rights and licenses to the Content, including, without limitation, an unconditional, perpetual, worldwide, non-exclusive, irrevocable, fully paid, royalty-free and fully transferable license to (a) store, access, cache, reproduce, process, adapt, edit, create derivative works from, host, stream, transmit, communicate, make available, distribute, publicly perform, publicly display, and otherwise exploit the Content in any form or medium, whether now known or later developed, and make, use (including, without limitation, in and in connection with paid media and sponsor integrations and/or placements), transfer, import, and exercise any and all such rights in and to the Content, (b) in TikTok’s sole discretion, use and make any reproductions and/or recordings of the Content (or any elements thereof) or any other assets or content provided by Contestant to TikTok, necessary or desirable to distribute, facilitate, market and/or promote (for paid advertising, sponsorships, or otherwise) the Content on the Platform or on TikTok’s official social media accounts (e.g., Twitter, Instagram, Facebook, YouTube), and (c) reference Contestant’s name and participation in the Program in blog posts, press releases, and other media. Contestant also agrees that such license to TikTok extends to TikTok’s use of Contestant’s name, voice, image, likeness, and biographical information, including, without limitation, use in and in connection with the Content, the advertising, publicity, promotion, and exploitation of the Content, the Program and/or the Platform, and in paid media. TikTok, in its discretion (based on its good faith assessment of potential music, intellectual property and other rights issues), may “geo block” certain countries so that the Content is not viewable in those countries, and TikTok makes no representation or warranty as to the availability of the Content in a particular country. Released Parties are not responsible for any unauthorized use of submissions by third parties. Sponsor has no obligation to make use of the rights granted herein.

WINNER DETERMINATION:

At the conclusion of the Challenge Period, the Contestants who participated in the Challenge and generated the most sales during the Challenge Period, as determined by Sponsor in its sole discretion, will be deemed potential winners. In the event of a tie at any prize level, the Contestant(s) who was first-in-time to reach the most sales for that prize tier is deemed the potential winner, as determined by Sponsor in its sole discretion. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Contestants. Decisions of Sponsor are final and binding.

WINNER NOTIFICATION:

Potential winners will be notified by Tiktok Shop Direct Message. If a potential winner does not respond to the initial notification within the time period stated, does not agree to and/or return all required documentation within the time period stated, or if a notification is returned as undeliverable, or such potential winner is not in compliance with these Participation Terms, such potential winner will be disqualified and, at Sponsor’s discretion, a runner-up will be notified.

LEADER BOARD:

Any leader board may not be accurate or in real-time. Sponsor reserves the right to alter the leader board display for any Contestant due to technical issues or if there has been unsportsmanlike or other behavior prohibited by these Participation Terms. A Contestant is not a winner even if the leader board should so indicated unless and until Sponsor has verified the winner and their revenue total and officially announced such Contestant as a winner.

PRIZES:

For Short Video Challenge:

(1) The top 8 contestants with the most cumulative GMV generated for Make Up For Ever USA products from their shoppable short videos and meet the minimum cumulative GMV requirement during the Challenge will receive rewards. Reward tiers are as followed: 2x10 Grid Table

Minimum Requirements $800 GMV + 3 shoppable videos (each 15s+ long)
Reward Tier Prize
Top 1 - Premium PR Box
- 1-on-1 makeup consultation with Make Up For Ever EDU team
- $200 Visa Gift Card
Top 2-3 - Premium PR Box
- 1-on-1 makeup consultation with Make Up For Ever EDU team
Top 4-8 - Premium PR Box

For Livestream Championship:

The top contestants with the most cumulative GMV generated for Make Up For Ever USA product from their shoppable LIVEs and meet the minimum cumulative LIVE GMV requirement during the Challenge will receive rewards. Reward tiers are as followed: 2x10 Grid Table

Minimum Requirements $1000.00 USD+ 2 shoppable livestreams (each 60 minute long)
Reward Tier Prize
Top 1 - Premium PR Box
- 1-on-1 makeup consultation with Make Up For Ever EDU team
- $200 Visa Gift Card
Top 2-3 - Premium PR Box
- 1-on-1 makeup consultation with Make Up For Ever EDU team
Top 4-8 - Premium PR Box

Winners are responsible for all federal, state and local taxes, including income and withholding taxes, associated with acceptance and use of a prize. All prize details are at Sponsor’s sole discretion. Winners are solely responsible for all expenses, costs or fees associated with acceptance and use of the prize which may not be specified herein, including but not limited to, any and all taxes (if any). Upon fulfilling the prize, the Sponsor is deemed to have awarded the prize to the winner and such winner assumes full responsibility for the prize.

ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

Disclaimer on Rewards:

By participating in this Challenge, Contestants acknowledge and consent to the collection of personal information (including address, phone number, and email) for communication and shipping purposes.

GENERAL CONDITIONS:

By participating, each Contestant agrees to release, discharge, and hold harmless the Sponsor, its parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents, and representatives of the foregoing (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 Contestant’s participation in the Challenge or any Challenge-related activity or the acceptance, possession, use or misuse of any awarded prize.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled content, messages, 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 Challenge, including, without limitation, errors or difficulties which may occur in connection with the administration of the Challenge, the processing of content, the tabulation of revenue generated during the Challenge Period, the announcement of the prizes, or in any Challenge-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by platform users, tampering, hacking, or by any equipment or programming associated with or utilized in the Challenge. 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 Challenge or downloading materials from or use of the platform. Persons who tamper with or abuse any aspect of the Challenge or platform, who act in an unsportsmanlike or disruptive manner, or who are in violation of these Participation Terms, as solely determined by the Sponsor, will be disqualified. Should any portion of the Challenge 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 Submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Challenge and, if terminated, at its discretion, proceed with the Challenge as otherwise deemed fair and appropriate by Sponsor.

DISPUTES:

Except where prohibited, Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any Prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; (3) under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) Contestant waives all right to trial by jury. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of the Contestant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE 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.