‘THE NEXT MAKE UP ARTIST 2018’ Conditions of Participation

The contest is organised by Make up Factory, a division of ICB innovative cosmetic brands GmbH, Gaußstr.13, 85757 Karlsfeld.

The contest will take place from 31.01.2018 (12 a.m.) Central European Time (CET) and ends on 19.05.2018 (11.59 p.m.) with the final, which is expected to take place in London. The official time measuring device for the contest is the computer of the sponsor. The contest platform is the microsite www.thenextmakeupartist.com.

Participation in this contest implies the complete and unconditional agreement of the participant with these rules of participation and the decisions of Make up Factory; these are final and legally binding for all matters related to this contest. The opportunity to win a prize presupposes that all the requirements stipulated here have been met. Participation is voluntary, free and not connected to a purchase obligation. Participants (hereinafter this term refers equally to persons of both sexes) need only meet the costs associated with participation via the Internet (Internet connection fee). Participation and the chances of winning are independent of the purchase of goods or the use of services.

The contest consists of four levels, which will be implemented as follows: Level 1 (Application Level) from 31.01.2018 (12 a.m.) to 11.03.2018 (11.59 p.m.), Level 2 (Top 50) from 12.03.2018 (12 a.m.) to 03.05.2018 (11.59 p.m.), Level 3 (Top 5 Chosen By Jury) from 04.05.2018 (12 a.m.) to 07.05.2018 (11.59 p.m.), Level 4 (Final) will be held on 19.05.2018 – provisionally in London at IMATS (The International Make-up Artist Trade Show). Participation in one level only is not possible. Level winners will be announced at the end of each level (see Section 3 of these conditions of participation).

To enter ‘THE NEXT MAKE UP ARTIST 2018’ contest, participants must upload a picture of their own make-up creation to their Instagram profile using the hashtag #thenextmakeupartist (in Slovenia: #topumetniklicenja) during the first level (Application Level) by 11.59 p.m. on 11.03.2018 At the end of the first level, a maximum of 500 participants will be selected by a Make up Factory campaign team based on the criteria of profile authenticity, creativity, originality and overall impression of the uploaded image. Make up Factory reserves the right to adjust the number of participants if necessary. Notification of the max. 500 participants for the next level will be made by 29.03.2018 (11.59 p.m.) via Instagram messenger. No separate rejection letter will be sent to eliminated participants. If a participant’s Instagram profile is no longer active at this time, they shall lose entitlement to a place in the contest.

Via a personal profile link which will be sent via Instagram messenger by Make up Factory from 12.03.2018 (12 a.m.) to 29.03.2018 (11.59 p.m.) with the notification of selection for the next level, each of the max. 500 participants must complete their profile entirely and accurately in accordance with Section 7.1 of these conditions of participation and accept the provisions thereof. Any participant who has not completed their participant profile by 06.04.2018 (11.59 p.m.) shall lose their entitlement to a place in the contest.

Once their profile has been completed with their personal address details from 12.03.2018 (12 a.m.) to 19.04.2018 (11.59 p.m.), the max. 500 participants will each receive a product bag, which they will be required to use to develop two creative make-up designs for the 2nd level (Voting Top 50) by 11.59 p.m. 03.05.2018. The themes will be sent to the Top 500 via their personal profile links.

The two photographs of the make-up looks must then be uploaded via their personal profile link to the microsite made available by Make up Factory (www.thenextmakeupartist.com). Once they have completed their address details and uploaded both images of the specified make-up looks in the period from 03.04.2018 (12 a.m.) to 03.05.2018 (11.59 p.m.), all of the max. 500 participants will automatically enter into a user voting process. A maximum of 50 participants with the most votes will automatically reach the next level.

In Level 3, a Make up Factory jury made up of Vice President Marketing of Make up Factory Denis Geyer, Beauty Editor-in-Chief of GRAZIA Franziska Frank, Influencer ByJeannine and Make-up Artist Alexandra Lederer will select five finalists during the period from 04.05.2018 (12 a.m.) to 07.05.2018 (11.59 p.m.). The selection will be made using the following criteria:

• Compliance with the themes specified by the organiser
• Specialist knowledge / technical skills
• Creativity
• Originality
• Overall impression

The five finalists selected will be notified immediately via e-mail and their names will be published on the Make up Factory social channels and microsite (www.thenextmakeupartist.com). After publication, the participants have two working days (until 09.05.2018 at the latest) to confirm their participation in the final by sending an e-mail tocontest@makeupfactory.com Failure to do this will revoke their entitlement to a place and a new winner will be chosen.

The Top 5 will participate in the final, which is expected to take place at the IMATS show in London. The theme will not be revealed until the final on 19.05.2018. The finalists will travel, provisionally to London, on 18.05.2018 in order to take part in the live final on 19.05.2018, where they will be required to create a make-up look under the same conditions. The finished creations will be presented to the Make up Factory jury at the venue and the winner will be announced during the event. The judging criteria will be as follows:

• Compliance with the theme specified by the organiser
• Specialist knowledge / technical skills
• Creativity
• Originality
• Overall impression of performance
• Personality as a make-up artist

Those eligible for participation are natural persons over the age of 18 whose main place of residence is in one of the participating countries of Germany, Austria, Switzerland, Slovenia, Croatia, Hungary and Spain. Participants must also have an active and open Instagram profile for the entire duration of the contest in order to be able to enter. Employees from the whole ARTDECO Cosmetic Group and their relatives are excluded from participation.

Every participant may only upload one image for Level 1 (Application Level). If one image is uploaded several times or if more than one image is uploaded for this level, the photo uploaded last in the specific level/time frame will be considered as the entered image.

Participation via competition services, automated mass participation through third parties or other manipulations are not permitted.

In the event of a violation of these conditions of participation, Make up Factory reserves the right to exclude the participant from the contest. If necessary, prizes may be subsequently withdrawn and reclaimed in these cases.

From all the participants in Level 1 (Application Level), the Make up Factory campaign team will choose a maximum of 500 winners. The criteria used will be profile authenticity, creativity, originality and overall impression of the uploaded image. The max. 500 winners will be notified via Instagram messenger by 11.59 p.m. on 29.03.2018 and must confirm their level win by 06.04.2018 (11.59 p.m.) by completing their personal details on the personal profile link sent to them. By participating in the contest/using the hashtag/publishing images, the participant, or legal guardian in the event of a participant under the age 18, accepts these conditions of participation.

All of the max. 500 participants will be required to show their creations for two specified topics by 03.05.2018 (11.59 p.m.). The community will then vote to determine the top 50 winners.

The Top 50 will automatically go through to Level 3 (Top 5). Based on the aforementioned criteria, the Make up Factory jury will then choose five finalists from the 50 participants with the highest number of votes. The five finalists will be notified by e-mail and will be required to confirm their level win by sending an e-mail to contest@makeupfactory.com by 09.05.2018 (11:59 p.m.), otherwise their entitlement to a place will be forfeited.

On 19.05.2018, the five finalists will take part in the final of the ‘THE NEXT MAKE UP ARTIST 2018’ contest, which will provisionally be held at the IMATS show in London.

During the live event and after the challenge has been completed, a Make up Factory jury will announce the overall winner of ‘THE NEXT MAKE UP ARTIST 2018’.

Every day during the voting level from 03.04.2018 (12 a.m.) to 03.05.2018 (11.59 p.m.), ten winners will be picked from all voters by a random winner generator at the sole discretion of ICB innovative cosmetic brands GmbH. Multiple voting is possible, but only once a day for one contest participant. Each voter only has one chance of winning every day. Contest participants are also entitled to vote. All voting participants from participating countries, who are over the age of 18 and have given their full address details, may win.

Only the winners in each level will be notified.

The five finalists will provisionally fly to London on 18.05.2018 until 20.05.2018. ICB innovative cosmetic brands GmbH reserves the right to change the event venue. Make up Factory will meet the costs of travel to and from Germany (economy class flight) and two overnight stays in a hotel including breakfast. Specific arrangements will be made exclusively via direct contact between the winner and Make up Factory. The journey must be started at the time specified by Make up Factory and cannot be postponed. Should the journey not be commenced at the specified time, entitlement to the trip shall be forfeited. There is no entitlement to compensation for the non-commenced trip. Upon confirmation of the trip by the winner, the winner must adhere to the travel conditions of the respective organiser and/or other service provider. Travel to and from the specific departure airport is to be organised by the winner themselves. All costs incurred for this are to be met by the winner. Connecting flight or train costs to the venue of the final will be organised and met by ICB innovative cosmetic brands GmbH. Receipts must be submitted afterwards, and will be refunded. Private costs that are incurred in preparation (visa, passport, vaccinations, etc.) or during the trip (minibar, telephone, etc.) are to be met by the winner. This also applies to fees and deposits. The winner is responsible for meeting all entry requirements for travel abroad, such as vaccinations or compliance with customs and foreign exchange regulations. Information concerning entry requirements and special circumstances for German nationals is provided by the Federal Foreign Office (www.auswaertiges-amt.de). Winners with a different nationality are required to obtain information from their national authority. The winner is obliged to inform Make up Factory immediately if they are prevented from taking part in the trip, in particular due to failure to meet conditions concerning passport, visa or health regulations, or if they no longer wish to travel due to other special circumstances. In this case, Make up Factory reserves the right to cancel the trip; there is no entitlement to a cash payment, transfer to another natural person or substitute prize. Changes to reservations in this case shall be made at the discretion of Make up Factory.

The five finalists will provisionally visit IMATS London on 19.05.2018. Costs shall be met by Make up Factory.

The three main prizes are made up as follows:

1. Prize

   • ‘THE NEXT MAKE UP ARTIST 2018’ (1st place trophy to be handed over at the event)
   • Winner shall be given their own campaign with Make up Factory incl. professional photo shoot, in which the winner will participate and make up the model with their winning look.
   • The resulting images will be used for a sales campaign in 46 countries around the world.
   • Additional prize: a Make up Factory product flat rate for one year, worth €5,000 (no cash payment possible).

2. Prize

   • 2nd place trophy to be handed over at the event
   • Professional illuminated case like those used by make-up artists
   • Filled with Make up Factory products worth €2,000

3. Prize

   • 3rd place trophy to be handed over at the event
   • Professional make-up trolley like those used by make-up artists
   • Filled with Make up Factory products worth €1,000

All material prizes won within the framework of the contest will be delivered by Make up Factory via a forwarding agent, parcel service or post to the address saved in the personal profile link during registration. Delivery is free within participating countries. Any additional transport costs and customs duties shall be met by the winner. If delivery cannot be made, entitlement to the material prize shall be forfeited.

The items presented as prizes within the framework of the contest may not necessarily be identical to the item won. Deviations may occur in terms of model, colour or other feature. Make up Factory may choose an item of similar type and quality as an equivalent to the prize.

Make up Factory reserves the right to award other prizes in order to attract participants.

Entitlement to prizes cannot be transferred, and with the exception of the provisions of this contract, no substitute shall be granted. Make up Factory reserves the right to replace the prize with another of the same or higher value should the original prize not be available for any reason. The winners are responsible for paying all taxes and fees incurred in connection with receiving the prize and/or its use.

A cash payment of the prize is not possible.

By participating in the contest, participants expressly agree and grant Make up Factory and its trading partner Müller the right to use all image material, as well as all information and contributions provided in connection with the contest – subject to revocation – with or without mention of their first name, on the Internet, especially the campaign website (www.thenextmakeupartist.com), all Make up Factory social media channels, especially (www.instagram.com/make_up_factory), and all other Make up Factory websites, for all types of communication, especially for advertising and/or PR purposes, in addition to internal documentation purposes without any time or spatial limitations.

The participants assure that they are the owner of all rights of use relating to the aforementioned use of the image material, including copyright and personal rights, and/or the respective copyright holder has consented to such use and third-party rights do not conflict with said use.  In the event of a violation, the participant is obliged to pay damages.

By participating in the contest, the participant also grants Make up Factory and its trading partner Müller the right to use all photographs and/or copies thereof produced of them in relation to the contest, in modified or unmodified form and with or without mention of their name, for the purpose of all types of internal and external communication (especially advertising and/or PR purposes) related to the Make up Factory brand and its trading partner Müller, in all media and formats, in particular on the Internet on the campaign website (www.thenextmakeupartist.com), all Make up Factory and Müller social media channels and all other Make up Factory and Müller websites, within the framework of public events and/or in print media without any time or spatial limitations.

As a registered Instagram account holder, the user must tag an image/images with #thenextmakeupartist (in Slovenia: #topumetniklicenja) in order to share it with the owner/on the owner’s website. The rights are thereby transferred completely to Make up Factory and the trading partner Müller.

By uploading images, the participants confirm that the make-up work shown was created by themselves. Infringements will automatically lead to exclusion from the competition.

The participants may not publish any offensive, defamatory or malicious content, or that which may infringe personal rights. No information or content that may be harmful to young persons may be distributed. Furthermore, racist, violent, violence-glorifying, politically extreme, sexist, discriminating or otherwise offensive publications, as well as those that insult, slander, threaten or verbally abuse other people, ethnic groups or religious denominations are not permitted. No commercial or political advertising may be published. This prohibition relates to political content that is not compatible with the values of the Basic Constitutional Law of the Federal Republic of Germany. The participants pledges not to infringe any rights of third parties (for example, copyright, personal, patent and/or trademark rights). Make up Factory reserves the right to delete posts by participants or to exclude them from the contest if they violate any of the above provisions.

The participants assume sole responsibility for compliance with legal provisions and requirements in connection with the publication and distribution of images on the Internet, in particular on the corresponding social media channels, in accordance with Section 5.1.

In order to upload the user-created content onto the website, the user must follow the personal profile link. The user may only provide correct, complete and up-to-date information. The user ID gives the user access to their personal website account. The user must prevent others from gaining access or using their personal account or user ID. The user is responsible for all activities carried out with the personal account or user ID.

Users must obtain the permission of all individuals present in the uploaded content (if any) in order to use their name and appearance in the image. They must also ensure that they have obtained the corresponding rights listed in this document. Upon request, the completed document must be presented to the Make up Factory jury.

Failure to comply with all rules may result in exclusion from the contest. Participants indemnify Make up Factory from all claims asserted by third parties against Make up Factory for violation of their rights through content provided by participants within the framework of the contest. The participant shall assume the costs of the necessary legal defence of Make up Factory including all legal fees and lawyers’ fees at the statutory rate; this does not apply if the infringement is due to no culpable behaviour of the participant. In the event of a claim by a third party, participants are obliged to provide Make up Factory promptly, truthfully and completely with all information at their disposal that may be required for claim inspection and defence. Any further claims for damages by Make up Factory against the participant remain unaffected.

All information provided by Make up Factory, especially in connection with the publication of winners’ names, etc., is supplied without liability.

Insofar as legally permissible claims are made by a winner in relation to the prizes received, these are to be directed against the manufacturer/dealer, supplier, tour operator or other service provider. Should related claims arise at Make up Factory, these shall be transferred to the corresponding winner.

Make up Factory only assumes liability for damages – for whatever legal reason – in the case of intent and gross negligence by Make up Factory, its legal representatives or vicarious agents, as well as the culpable violation of essential contractual obligations. Significant contractual obligations are considered as those that make the execution of this contest possible and upon which participants have relied and continue to rely. In the event of a minor breach of significant contractual obligations, liability is limited to compensation for the damage typical of this contract that was foreseeable at the time of website use. The limitation of liability does not apply to culpable damage to life, limb or health caused by Make up Factory, their legal representatives or vicarious agents, or to liability in accordance with the Product Liability Act.

The aforementioned limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data or similar, faults in technical equipment or service, inaccurate content, loss or deletion of data, and viruses.

The law of the Federal Republic of Germany applies.

Should individual provisions of these conditions of participation be or become invalid, the validity of the remaining conditions shall remain unaffected.

Make up Factory reserves the right to change or correct the conditions of participation and contest rules – within the limits of what is legally permissible – at any time.

ICB innovative cosmetic brands GmbH reserves the right to cancel, postpone and/or modify the contest or any part thereof if fraudulent acts, technical faults or other factors beyond the control of ICB innovative cosmetic brands GmbH compromise the integrity or the smooth running of the contest.

The judge's decision is final.