“Dare to Whisper”
Contest & Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Color Whisper “Dare to Whisper” Contest & Sweepstakes ("Promotion") begins at 12:00:00 PM Eastern Time ("ET") on February 14, 2013 and ends at 12:00:00 PM ET on May 31, 2013 (“Promotion Period”). The Promotion will consist of both a contest (“Contest”) and a sweepstakes (“Sweepstakes”). The computer clock of the Administrator is the official time-keeping device of the Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Sponsor and not to Facebook. The information provided will only be used in the event that entrant is selected as a winner or if the entrant elected to receive additional information and promotional material

  1. ELIGIBILITY: The Promotion is open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands and all other U.S. territories and possessions) who are 18 years of age or older at the time of Promotion registration. Employees, officers and directors of Maybelline New York, Consumer Products Division of L'Oréal USA, Inc. (the “Sponsor”), L’Oreal USA, Inc., Code & Theory, and Realtime Media, LLC. (the “Administrator”), their respective parents, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, “Promotion Parties”), their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By entering the Promotion, participants release, discharge and hold harmless Promotion Parties, their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any prize. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void in Puerto Rico, the U.S Virgin Islands and all other U.S. territories and possessions and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.

  2. HOW TO ENTER THE CONTEST: Limit of one (1) Contest Entry (as defined below) per person for the length of the Promotion Period.

    There are three (3) phases of the Contest portion of the Promotion, which are outlined below (phases collectively will be known as the “Contest”):

    • Phase 1: Contest Entry

    • Phase 2: Sharing

    • Phase 3: Judging

    Phase 1 - Contest Entry: This phase of the Contest begins at 12:00:00 PM ET on February 14, 2013 and ends at 12:00:00 PM ET on May 31, 2013 (“Contest Entry Period”).

    To enter the Contest online, visit the website at http://www.maybelline.com/colorwhisper.aspx (“Contest Website”). Users will be asked to select the “Coral Ambition” Color Whisper Shade from the twenty (20) available shade options. The remaining nineteen (19) shades are only eligible for Sweepstakes Entries. Users will then be asked to “Fill in the Blank” for the specific color, Coral Ambition shade prompt (“Whisper”) which is “If I had $5,000 I could…”. After they have filled out their Whisper, users must follow the directions to complete the online entry form with their true and correct information. Upon completion of the entry form, users will submit their entry. All Contest Entries submitted become the sole property of Sponsor and will not be returned. All Contest Entries must be submitted by 12:00:00 PM on May 31, 2013 to be considered. Contest Entries from the same person, or email address in excess of the stated limitation will be void. Any attempt by a person to use multiple email accounts to register more than once may result in disqualification at the discretion of the judges or Sponsor and all associated Contest Entries will be void.

    By submitting a Contest Entry, each entrant acknowledges and agrees that his/her Contest Entry may be posted on the publicly accessible Contest Website during and following the Contest, and if he/she is selected as a winner/finalist, his/her Whisper will be posted on the Contest Website to be viewed by the public. By submitting a Contest Entry, entrant hereby grants permission for his/her Contest Entry to be posted on the Contest Website and other Sponsor web sites. Promotion Parties are not responsible for any unauthorized use of Contest Entries by third parties. Promotion Parties do not guarantee the posting of any Contest Entry and may remove a posted Contest Entry at any time. Entrants agree that they will not use the Contest Entry for any other purpose, including, without limitation, posting the Contest Entry to any online social networks, without the express consent of Sponsor in each instance.

    By submitting a Whisper, each entrant represents and warrants that the work submitted is original to the entrant and that neither it nor its contents infringes upon or violates the rights of any third party. Any entrant whose work includes likenesses or third parties or contains elements not owned by entrant must be able to provide legal releases for such use in a form satisfactory to Sponsor or their entry will be disqualified. Sponsor shall have the right to disqualify any Contest Entries that they deem to be obscene or otherwise not in good taste, as determined by Sponsor in its sole discretion. Contest Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.

    REQUIREMENTS OF CONTEST ENTRIES: Contest Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

    • Is sexually explicit; 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 contest entries;

    • Defames, misrepresents or contains disparaging remarks about other people or companies;

    • Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;

    • Contains any personal identification, such as license plate numbers, personal names, 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;

    • Contains any individual other than the entrant and/or any 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 providing legal releases for such use in a form satisfactory to sponsor;

    • 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 good will to which sponsor wishes to associate; and/or

    • Violates any law.

    By submitting a Contest Entry, each entrant represents and warrants that his/her Whisper is original to the entrant, that the Contest Entry has not been previously published, has not won previous awards and that neither it nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property. By submitting a Contest Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

    By submitting a Contest Entry, entrant acknowledges and agrees that Sponsor may receive other Contest Entries under this Promotion that may be similar or identical to the Contest Entry submitted by entrant, and entrant waives any and all claims he/she may have had, may have, and/or may have in the future, that any other Contest Entry reviewed and/or used by Sponsor may be similar to his/her Contest Entry.

    Phase 2 – Sharing: This phase of the Contest begins at 12:00:00 PM ET on February 14, 2013 and ends at 12:00:00 PM ET on May 31, 2013 (“Sharing Phase”). All eligible Entries received by Sponsor will be featured on the Contest Website. During the Sharing Phase, individuals who are at least eighteen (18) years of age will be invited to the Contest Website to select their favorite Contest Entry. Entrants are prohibited from obtaining shares by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, the twenty (20) Contest Entries that receive the highest number of shares, as determined by Sponsor, will be deemed potential Finalists and move forward to the Judging Phase described below. In the event of a tie, the Contest Entry receiving the tied number of shares first (to be determined by Sponsor, in its sole discretion) will be the applicable Finalist(s). Use of script, macro or any automated system to share or with the intent to impair the integrity of the sharing process is prohibited and all such shares will be void.

    Phase 3 - Judging: This phase of the Contest begins at 12:00:00 PM ET on June 1, 2013 and ends at 12:00:00 PM ET on June 7, 2013 (“Judging Phase”).

    The Top 20 Finalists will then be judged by a panel of qualified judges based on the following criteria: Creativity (75%); Thoughtfulness (15%); and Alignment with Maybelline brand (10%). One (1) Contest Entry with the highest score will be deemed the Grand Prize Winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the Grand Prize Winner based on the criteria listed herein.

    Contest Grand Prize Winner Notification: Potential Contest Grand Prize Winner will receive prize notification via email and/or phone call within three (3) days of the drawing date. The potential winner will be sent via email and/or overnight mail an Affidavit of Eligibility/Liability Release and an IRS W9 form. These forms must be completed, signed, notarized and returned to Realtime Media within ten (10) days of date of issuance. The potential winner then and only then becomes the “winner”. If such potential winner cannot be contacted within a reasonable time period; is ineligible; if any notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize will be awarded to a finalist runner-up with the next highest vote total.

  3. HOW TO ENTER THE SWEEPSTAKES: The Sweepstakes begins at 12:00:00 PM Eastern Time ("ET") on February 14, 2013 and ends at 12:00:00 PM ET on May 31, 2013 (“Sweepstakes Period”).

    To enter the Sweepstakes, during the Sweepstakes Period, visit the website at http://www.maybelline.com/colorwhisper.aspx. Users will be asked to select a “Color Whisper Shade”, from the twenty (20) available options. Of the twenty (20) available options, only one (1) is eligible for Contest Entry, which is “Coral Ambition”. The remaining nineteen (19) shades are only eligible for Sweepstakes Entries. Users will then be asked to “Fill in the Blank” of a specific shade prompt (“Whisper”). A few shade prompt examples include asking a user to finish the sentences of “If I ruled the world, I would…”. “I know I’ve made it when…”, “I’m most inspired by…” After they have filled out their Whisper, users must follow the directions to complete the online entry form with their true and correct information. Upon completion of the entry form, users will submit their entry. Entrants will receive one (1) Sweepstakes Entry, per shade, for registering their Whisper. Limit of one (1) Sweepstakes Entry per shade, per person, per email address, for a total of up to nineteen (19) Sweepstakes Entries per day, for the length of the Sweepstakes Period. Sweepstakes Entries received from the same person or email address in excess of the stated limits will be void. Any attempt by a person to use multiple email accounts to register more than once may result in disqualification at the discretion of the judges or Sponsor. Sweepstakes Entries generated by script, macro or other automated means and Sweepstakes Entries made by any means which subvert the entry process are void. All Sweepstakes Entries become the property of Sponsor and will not be acknowledged or returned.

    Sweepstakes Drawing & Odds of Winning: A total of three hundred (300) Potential Sweepstakes winners will be selected in various electronic, randomized drawings, conducted from all eligible entries on a weekly basis throughout the Sweepstakes Period. Odds of winning depend on number of eligible Sweepstakes Entries received.

  4. CONTEST PRIZE (1): One (1) Contest Prize Package will be awarded, which consists of:
    • One (1) $5,000 Ambition Grant, which must be used to complete the winners Whisper
    o By accepting a prize, winners grant Sponsor the right to print, publish, broadcast, and use universe-wide in any media now known or later developed, the winner's name, Whisper, portrait, picture, voice, likeness, city and state of residence, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law.
    The Approximate Retail Value (“ARV”) for the Contest Grand Prize Package is $5,000.00

  5. SWEEPSTAKES PRIZES (300): A total of three hundred (300) Sweepstakes Prizes will be awarded. Each Sweepstakes Prize will consist of: • A set of all Color Whisper Shades (twenty (20) total shades).
    The ARV of each Sweepstakes Prize is $149.80

    Total ARV of all Promotion Prizes is $49,940.00

  6. GENERAL PRIZE CONDITIONS: Limit of one (1) Sweepstakes Prize per person, per household. Contest Grand Prize winner is eligible to win a Sweepstakes Prize. Prizes will only be awarded by Sponsor upon potential winners’ verification of eligibility and final approval by Sponsor. No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. If any Sweepstakes winner is at least 18 but still considered a minor in his/her jurisdiction of residence, prize will be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. Winners are responsible for all federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.

  7. MISCELLANEOUS: For the purposes of these Official Rules, Sweepstakes Entries and Contest Entries may be collectively referred to herein as “entries” and Sweepstakes winners and Contest winners may be collectively referred to herein as “winners”. Promotion Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, damaged, delayed, undelivered or misdirected entries or photos, all of which are void. Online entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry and he/she must comply with these Official Rules. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. By entering the Promotion, entrant recognizes and agrees that the registration information provided by entrant will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found at http://www.maybelline.com/terms-of-service.aspx#privacy. A 1099 tax form will be issued to each winner who wins a prize that is greater than $600 in value. All entrants agree to comply with these Official Rules and the decisions of the Sponsor and judges shall be binding and final.

  8. RELEASE: As a condition of entering the Promotion, entrant agrees that (1) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will any entrant be entitled to receive attorneys’ fees. BY ENTERING THE PROMOTION, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS PROMOTION PARTIES AND THE RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY. ENTRANTS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  9. DISCLAIMER: Promotion Parties are not responsible for printing or typographical errors in these Official Rules or in any Promotion-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Promotion and award the prizes (i) for the Contest from among all eligible, non-suspect Contest Entries received as of the date of termination using the judging procedure outlined above and (ii) for the Sweepstakes from among all eligible, non-suspect Sweepstakes Entries received in a random drawing if for any reason this Promotion is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, non-authorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Promotion. Promotion Parties are not responsible or liable for any events which may cause errors and/or the Promotion to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers (ISP), computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Promotion Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Promotion, the processing or judging of entries, the incorrect uploading of Whispers, or in any other Promotion-related materials. The Sponsor and its independent judging organization may stop you from participating in this Promotion if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. In no event will more prizes be awarded than those listed in Section #4 and #5.

    CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

  10. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of New York). Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction they may have.

  11. TAX INFORMATION: All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winners.

  12. WINNERS LIST: To receive the list of winners of prizes, send a self-addressed stamped envelope for receipt by June 30, 2013 to: Color Whisper “Dare to Whisper” Contest & Sweepstakes Winners List Request, c/o Realtime Media, 40 Morris Ave., Suite 300, Bryn Mawr, PA 19010.

SPONSOR: Maybelline New York, Consumer Products Division of L’Oreal USA, Inc., 575 5th Avenue, New York, NY 10017.

ADMINISTRATOR: Realtime Media LLC, 40 Morris Ave., Suite 300, Bryn Mawr, PA 19010.