Contest Rules
1 ELIGIBILITY: Who is eligible to enter the contest? Must be 18+ to enter. NO PURCHASE NECESSARY TO ENTER OR TO WIN. HOW TO ENTER: To enter the Contest, you must upload a post to your social media account and tag The Nail Hub in the photo to be considered. You may enter up to 5 submissions between October 5 and October 25. Entrants must legally reside within the continental United States and have a valid street address to be eligible to win.
2 ENTRY PERIOD: Start date is October 5, 2023 at 1:00 am MST, end date for submissions is October 25th at 1:00 am MST. Votes will be collected from October 26th at 1:00 pm MST to October 30 at 1:00 pm MST. The Winner will be announced on October 31st at 1:00 pm MST.
3 HOW TO ENTER: Entrants must submit their art by posting it to their own Instagram or Facebook profile and tagging @thenailhub to be considered. The submitter is responsible for ensuring that the art uploaded to their account and submitted for this content by tagging @thenailhub is their own original work. The Nail Hub is not responsible for any claims of copyright infringement.
4 ENTRY REQUIREMENTS: Are there any specific requirements for the art submissions? Submissions must be your personal take on a Halloween theme and must be your original artwork. The submitter is responsible for ensuring that the art uploaded to their account and submitted for this content by tagging @thenailhub is their own original work. The Nail Hub is not responsible for any claims of copyright infringement. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non authorized human intervention, tampering or other causes beyond the reasonable control of the Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, the Sponsor reserves the right to award prizes based on the entries received before the termination date.
5 CONSTRUCTION: The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
6 SPONSORS/ADMINISTRATORS: The Frightfully Fabulous Nail Art Contest is sponsored by The Nail Hub. The Nail Hub is located at PO Box 12370, Scottsdale AZ 85267 and can be reached via e-mail at sales@thenailhub.com or by going to the following website: www.thenailhub.com. The decisions of the Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. A list of winners will be shared on social media and via email.
7 WINNER NOTIFICATION AND ACCEPTANCE: Winners will be notified by 1 p.m. on October 31, 2023 by electronic messaging via direct message on Instagram and Facebook. Failure of the winner to respond to the electronic message with their mailing address by November 4, 2023 may result in disqualification of winner, forfeiture of his or her interest in all prizes, and selection of a substitute winner from among all remaining eligible entries. To claim the prize, the winner must respond to the DM with a valid mailing address. Prizes are non- assignable and nontransferable. No substitutions are allowed.
8 DISPUTES: This Contest is governed by the laws of the State of Arizona. As of a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Arizona having jurisdiction. In any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses. Participant further waives all rights to have damages multiplied or increased.
9 CONTENT REQUIREMENTS: All Content submissions must comply with requirements set forth herein in order to be deemed a valid submission. Any content submission that is missing any of the requirements will be disqualified from the Contest. The content submitted must be the participant’s original work. Any content copies or plagiarized from another source or someone other than the participant will be disqualified.
10 PHOTO REQUIREMENTS: The photo submitted must: 10.1 Be an original photo taken by participant, and 10.2 Not contain logos/brands/marketing; 10.3 Not contain offensive images; 10.4 Not contain nudity or lewd gestures; 10.5 Not violate or infringe another’s rights, including but not limited to privacy, publicity or intellectual property rights; 10.6 Not contain any Content that is obscene, indecent, hateful, offensive or inappropriate, including without limitation, nudity, pornography or profanity; 10.7 Not contain any Content that promotes alcohol, illegal drugs or tobacco, firearms/weapons (or the use of the foregoing), the commission of a crime, or any political agenda or message; 10.8 Not in any manner, defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; and 10.9 Not contain any Content that in any other way violates applicable laws, standards or regulations.
11 REPRESENTATIONS AND WARRANTIES/SPONSOR’S RIGHTS TO USER- GENERATED CONTENT: By participating in the Contest and uploading Content you represent and warrant that: 11.1 You have the legal right to enter into this agreement, abide by these Official Rules and are not impersonating anyone else; 11.2 You own all rights in and to your name and Content to enable you to grant all the rights to the Sponsor as described herein; 11.3 Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity; 11.4 You voluntarily waive all “moral rights” that you may have to your Content. Any information contained in your Content is not known to or reasonably believed by you to be false, inaccurate or misleading; 11.5 You are not and will not be compensated or granted any consideration by any third party for submitting your Content; and 11.6 You will not and will not be compensated or granted any consideration in any way by Sponsor for the use of your Name and Content.
12 RELEASE: You irrevocably release and forever discharge the Sponsor and its directors, officers, affiliated entities, employees (“Released Parties”) from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter may have against the Released Parties, or their respective successors or assigns, arising out of or related in any way to use of your name, Content, or anything contained therein.
13 INDEMNITY: You agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Released Parties may incur arising out of or related to the name, Content or your breach of these Official Rules. The Sponsor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Sponsor’s defense of such claims at your own expense.
14 NON-CONFIDENTIALITY/PUBLICITY: All participants understand and agree that their name and content will be publicly displayed, and that it will not be treated in confidence. By entering this Contest, you provide the Sponsor with the right to use and share, without any compensation to you, your name and Content on all of its social media channels, such as Facebook and Instagram.
15 NUMBER OF ENTRIES: Each participate may submit up to 5 designs for consideration.
16 VOTING PROCESS: On October 26th Liz will select her 10 favorite designs and post them to the Nail Hub Instagram and Facebook pages across 10 unique posts for the community to vote on. For the purposes of this contest a comment will constitute a vote. The post with the most comments across Facebook and Instagram combined will be selected as the winner. A 'vote' will be constituted by a unique comment from a unique account. Meaning multiple comments from the same account will not be counted as multiple votes. The design receiving the most votes by 1:00 pm MST on October 30 will be announced on October 31st at 1:00 pm MST on the Nail Hub's instagram and Facebook profiles.
17 PRIZES: One (1) winner will receive the Light Elegance P+ Soak-Off Glitter Gel Polish - LE Rocks Collection valued at $69.95 + the cost of shipping + the cost of tax. The prize will include free shipping and tax.
18 WINNER SELECTION: The post with the most COMMENTS combined across Facebook and Instagram will be selected as the winner. A 'vote' will be constituted by a unique comment from a unique account. Meaning multiple comments from the same account will not be counted as multiple votes.The design receiving the most votes by the end of the contest period will be the winner.
19 WINNER NOTIFICATION: The winners will be announced on INstagram and Facebook in a POST on October 31, 2023 at 1:00 PM MST. The winner will receive a DM from Liz requesting their address to ship their prize.
20 PRIZE DISTRIBUTION: The winner will receive a DM from Liz requesting their address to ship their prize.
21 RIGHTS TO SUBMISSIONS: The Nail Hub will have the right to post the 10 semi-finalists and winner to their Instagram and Facebook accounts only within the context of the contest period.
Publicity: Can you use the names and likenesses of the winners in your promotional materials? If so, obtain their consent. The Nail hub will use the instagram handle and facebook page to tag the semi-finalists and winner within the context of our social media pages and email marketing within the context of the contest period.
Disqualification Criteria: Entrants may be disqualified if they submit artwork that is not their own, violates copyright law or if they attempt to cheat by posting multiple comments or 'votes' on a submission.
Dispute Resolution: Detail the process for handling disputes or issues that may arise during the contest. Any disputes or issues that arise during the contest period will ne handled via email communication.
Privacy Policy: Include a link to your privacy policy that explains how participant data will be used and protected. Here's a link to our privacy policy: https://www.thenailhub.com/policies/privacy-policy
Compliance with Platform Rules: As a condition of participating in the Contest, you agree and acknowledge that Facebook Inc., Instagram Inc., Twitter and any other social networking sites used to promote the contest as well as their owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated entities (collectively, the “Social Media Group”) are not sponsors of the Contest nor do they endorse or administer the Contest, nor are they in any way associated with the Contest. All questions regarding the Contest must be directed to the Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Contest, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of any entry or submission of an entry, participation in the Contest, acceptance, use or misuse of any prize or the broadcast, exploitation, or use of an entry.
Record-keeping: The Nail Hub will maintain records of entries and contest-related communications.