2024 Graftobian Halloween Contest Official Rules

OFFICIAL RULES, REGULATIONS & TERMS OF USE. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

Terms of Use: These User Generated Content Terms of Use ("UGC Terms") outline the conditions under which Graftobian Make-Up Company, LLC, ("Graftobian Make-Up Company") has the right to utilize the content publicly posted and created by you, as particularly identified and detailed in the message Graftobian Make-Up Company will transmit through the social media platform where such content is located, directing you to these UGC Terms. The said content will be termed as "User Generated Content" in this document.

Eligibility: The Campaign is available to both domestic residents of the United States and international participants who are at least 18 years of age at the time of entering. The Campaign is not valid where it is forbidden by law. Employees of Graftobian Make-Up Company, LLC, along with its affiliates, subsidiaries, advertising, and promotion agencies, collectively referred to as “Employees”, and their immediate family members or those residing in the same household as Employees are not eligible to join the Campaign. The Campaign is subject to all relevant federal, state, and local laws and regulations and is void where prohibited.

Agreement to Rules: By taking part in the Campaign, the Contestant (“You”) agree to fully and unconditionally adhere to these Rules, and You assert and warrant that You satisfy the eligibility criteria. Furthermore, You consent to accept the decisions of Graftobian Make-Up Company, LLC as ultimate and conclusive as it pertains to the content of this Campaign.

Campaign Duration: Submissions will be accepted online beginning on October 1, 2024, and concluding on October 31, 2024. All online submissions must be received by 11:59 pm CST on October 31.

 

Submission Process:

  1. Follow @Graftobianmakeup on Instagram
  2. Upload a high-resolution photo of your unique Halloween makeup creation.
  • Post the final image first, along with 4-6 in process step by step shots
  • You may submit multiple entries, but it is not mandatory!
  • Resending previous looks will NOT be allowed. Each submission must be an original and new creation.
  • Images that are blurry or of low quality will NOT be accepted
  • .Follow @graftobianmakeup on Instagram
  1. Tag #Graftobian @GraftobianMakeup #graftobianhalloween #graftobianhalloween2024 in the initial line of your caption.

 

  1. After the tags, mention any Graftobian Make-Up Company products used and include a brief description of your character and the inspiration behind it.

To be considered for a prize, entries must meet the Campaign requirements, as detailed. Incomplete entries or those failing to comply with the rules or specifications may be disqualified at the exclusive discretion of Graftobian Make-Up Company, LLC.

 

Awards: Three participants will be chosen as winners. The participant securing the first prize will be awarded a $1,000 gift card for Graftobian.com, and all 6 HD Super Foundation Palettes (6 super palettes are valued at $528). The second prize comprises a $500 gift card for Graftobian.com, and the third prize includes a $250 gift card to Graftobian.com. The actual/appraised value might vary at the time of the award presentation.

The specifics of the awards are to be determined solely by Graftobian Make-Up Company, LLC. No substitutions for cash or other prizes are allowed, except at the discretion of Graftobian Make-Up Company, LLC. The awards are non-transferable. Any and all expenses related to the awards, including any potential federal, state, and local taxes, will be the exclusive responsibility of the winner. By accepting the award, the winner grants permission to Graftobian Make-Up Company, LLC to utilize the winner’s name, image, and user-generated content for advertising and promotional purposes without additional compensation, unless restricted by law.

Odds: The odds of winning depend on the number of eligible entries received.

Selection and Notification of Finalists and Winners:  Potential Finalists will be preliminarily contacted for bios, social media links, high-resolution images, and to complete the Graftobian Make-Up Company Release Agreement permitting us to feature their work on our social media account(s). Should a model and/or photographer be involved, each will need to complete a separate Graftobian Make-Up Company Release. Potential Finalists who do not respond to inquiries within 48 hours of being contacted, or who are ineligible for the contest, may be disqualified.  Once confirmed, Finalists are not guaranteed to be featured on Graftobian Make-Up Company social media accounts, but are eligible to be considered for contest prizes.

Winners will be chosen by Graftobian Make-Up Company, LLC, based on the overall visual impact of submission, skill shown in submission, effective use of makeup of submissions, and originality of submission, and will be notified promptly after selection. The announcement of the winners will be made on November 4, 2024, on @GraftobianMakeup on Instagram. Graftobian Make-Up Company, LLC is not responsible for any failure to receive notifications due to spam, junk email, or other security settings, or for providing incorrect or non-functioning contact information. If a winner cannot be reached, is ineligible, does not claim the prize within 30 days from the time the award notification was sent, or does not timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate winner may be selected. Receiving the prize offered in this Campaign is subject to compliance with all applicable federal, state, and local laws and regulations. ANY BREACH OF THESE OFFICIAL RULES BY A WINNER (AT Graftobian Make-Up Company, LLC’s SOLE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION AS THE CAMPAIGN WINNER, AND ALL WINNER PRIVILEGES WILL BE IMMEDIATELY REVOKED.

Rights You Grant: By submitting content (e.g., photo, video, text, etc.), you acknowledge and agree that Graftobian Make-Up Company, LLC, any entities acting on behalf of Graftobian Make-Up Company, LLC, and the licensees, successors, and assigns of Graftobian Make-Up Company, LLC, have the right, where allowed by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, indefinitely and worldwide, without limitation, your submission, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By submitting your content, you represent and warrant that your entry is an original creation and does not infringe on any third party’s proprietary or intellectual property rights. If your entry does infringe on the intellectual property rights of another, you will be disqualified at the sole discretion of Graftobian Make-Up Company, LLC. If the content of your entry is alleged to infringe on any proprietary or intellectual property rights of any third party, you shall, at your sole expense, defend or settle such claims. You agree to indemnify, defend, and hold harmless Graftobian Make-Up Company, LLC from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense that Graftobian Make-Up Company, LLC may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s rights.

 

Terms & Conditions: Graftobian Make-Up Company, LLC retains the unilateral right to cancel, conclude, alter, or pause the Campaign due to the occurrence of any unwanted disruptions like viruses, bugs, unauthorized human interventions, fraud, or any other causes that are beyond the control of Graftobian Make-Up Company, LLC, and which corrupt or impact the administrative, secure, impartial, or appropriate conduct of the Campaign. In such scenarios, Graftobian Make-Up Company, LLC might choose the Winner from all the valid entries received before and/or after (if suitable) the corrective action taken by Graftobian Make-Up Company, LLC. Graftobian Make-Up Company, LLC holds the exclusive right to disqualify any participant who manipulates or endeavors to manipulate the entry process, the operation of the Campaign or any associated website, or breaches these Terms & Conditions. Graftobian Make-Up Company, LLC possesses the exclusive discretion to uphold the integrity of the Campaign and to nullify votes for any reason, including, but not confined to: the utilization of bots, macros, scripts, or any other technical means for entering. Any effort by a participant to deliberately sabotage any website or undermine the authentic operation of the Campaign might be in violation of criminal and civil laws. If such an attempt is made, Graftobian Make-Up Company, LLC reserves the right to seek damages to the fullest extent allowed by law. Graftobian Make-Up Company, LLC holds the right to amend these Terms of Use by publicizing new versions and retains the right to give additional notifications of substantial modifications. Such modifications and alterations will come into effect immediately.

Limitation of Liability: By participating, you consent to release and exempt Graftobian Make-Up Company, LLC, along with its subsidiaries, associates, advertising and promotion agencies, partners, agents, successors, representatives, assignees, employees, officers, members, and directors from any accountability, sickness, injury, death, loss, legal action, claim, or damage, whether directly or indirectly, and whether by negligence or not, that may arise from: (i) your participation in the Campaign and/or your acceptance, possession, utilization, or misuse of any reward or any part of it; (ii) any technical disruptions of any sort, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human interference in any segment of the entry process or the Promotion; (v) electronic or human errors in the administration of the Promotion or the processing of entries.

Disputes: THIS Campaign IS REGULATED BY THE LAWS OF The United States AND the State of Wisconsin, DISREGARDING ANY CONFLICT OF LAW PRINCIPLES. As a prerequisite of participating in this Campaign, the participant consents that any unresolved disputes between the parties, and any causes of action emerging from or associated with this Campaign shall be settled individually, eschewing any form of class action. The parties shall endeavor to resolve any dispute or claim ensuing from, or related to, any stipulation of the Agreement or a breach thereof through amicable negotiations. Any such dispute or claim, which remains unresolved within 30 days, shall be finalized by mandatory and conclusive arbitration in Wisconsin, adhering to the rules of the American Arbitration Association in effect at that time. Such arbitration proceedings shall be conducted before a solitary arbitrator, mutually chosen by the parties from a roster provided by the American Arbitration Association consisting of active or retired attorneys, law professors, or judges with a minimum of ten years of experience in general commercial matters. The victorious party shall have the right to recover its reasonable expenses, costs, and interest, encompassing reasonable attorneys’ fees, arbitration fees, and other related costs. EACH PARTY ACKNOWLEDGES THAT BY CONSENTING TO THIS BINDING ARBITRATION CLAUSE, BOTH PARTIES FORFEIT THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Moreover, in any such dispute, a participant is not allowed to secure awards for, and hereby relinquishes all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than the participant’s actual out-of-pocket expenses (i.e., costs related to entering this Campaign). The participant also relinquishes any rights to have damages augmented or magnified.

License: In acknowledgment of receiving valuable consideration, which is hereby confirmed, You unconditionally bestow upon Graftobian Make-Up Company, and its corresponding licensees, successors, and assigns (collectively referred to as the "Licensed Parties"), a worldwide, fully compensated, royalty-free, transferable right to utilize, display, broadcast, post online, and copyright (i) Your name, voice, image, portrait, and likeness (“Name and/or Likeness”) as such Name and/or Likeness is presented in or related to the User Generated Content and (ii) the User Generated Content related to advertising, promoting, and marketing Graftobian Make-Up Company, its merchandise and services, or its endorsed events, entirely or partly, by any and every means, media, methods, and technology, presently known or developed hereafter throughout the universe. You recognize and agree that Graftobian Make-Up Company may alter the User Generated Content for formatting, navigational, integration, or other related purposes, but such alterations will not substantially misrepresent such User Generated Content. No promotional, advertisement media, or other materials in any media displaying Your Name and/or Likeness connected to the User Generated Content require submission to You for any additional approval by the Licensed Parties, and the Licensed Parties shall incur no liability to You for any distortions or illusory effects resulting from the display of Your Name and/or Likeness. Notwithstanding the foregoing, the Licensed Parties are under no obligation to utilize any of the rights granted by You. The use of User Generated Content or Your Name and/or Likeness by Graftobian Make-Up Company does not signify any endorsement of or any partnership with You.

Privacy Policy: Any information provided with an entry is governed by the Privacy Policy detailed on the Graftobian Make-Up Company, LLC website, accessible at this link: https://Graftobian.com/privacy-policy

Sponsor: The Sponsor of the Campaign is Graftobian Make-Up Company, LLC

Facebook: Graftobian Make-Up Company, LLC is solely responsible for hosting the Campaign, and it is not sponsored, endorsed, overseen, or affiliated with Facebook in any manner.

Instagram: Graftobian Make-Up Company, LLC is solely responsible for hosting the Campaign, and it is not sponsored, endorsed, overseen, or affiliated with Facebook in any manner.

TikTok: Graftobian Make-Up Company, LLC is solely responsible for hosting the Campaign, and it is not sponsored, endorsed, overseen, or affiliated with Facebook in any manner.

Twitter: Graftobian Make-Up Company, LLC is solely responsible for hosting the Campaign, and it is not sponsored, endorsed, overseen, or affiliated with Facebook in any manner.

YouTube: Graftobian Make-Up Company, LLC is solely responsible for hosting the Campaign, and it is not sponsored, endorsed, overseen, or affiliated with Facebook in any manner.

By entering this contest, You, the Contestant, have proactively read, accepted, and agreed to abide by all of the Official Rules, Regulations, and Content Terms of Use.

Last Updated: October 2, 2024