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Welcome to our MAC Australia web site (the " MAC Australia Site" or the “Site”). MAC Australia ("MAC Australia Online", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.



1. Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.



2. About MAC Australia Online


"MAC" (Make-Up Art Cosmetics) business in Australia is operated by Estee Lauder Pty. Limited (ACN 008 444 719).



3. Eligibility

To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) register on the Site; and (b) be the holder of a valid debit/credit card.



4. Language


This contract shall be concluded in English.



5. Product Descriptions


Products may not be available or as described. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not alwaysreflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.



6. Purchase Related Policies



Personal use only



The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.



Our right to cancel your order



If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order.



Our policies form part of these terms and conditions



These terms and conditions include the additional policies related to orders placed through this Site (such as order processing, shipping and handling, Delivery Charges, Returns Policy & Procedure, Privacy Policy),. To view these policies click here.



7. Prices
All prices indicated for products available via the Site are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.



8. Placing an Order and Order Acceptance


You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the MAC Australia Site by clicking on the Submit button at the end of the on-line order process.



Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from MAC Australia Online.



Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.



If you require any information regarding your order(s) please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us.



We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.



If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation section of the Site by clicking here.



9. Payment


You many pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours.



All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.



Your CCV or sometimes called CVC number ( Credit Card Verification number ) is requested during your payment processing application form online as this number is only found on the physical card, not any receipts or imprints from manual 'click clack' machines. Although this doesn't guarantee the card has not been stolen it does assure us that the person placing the order has the card with them at the time of the order and is an additional security feature required for your safety.



10. Title to Goods


We will retain the legal ownership of the goods until the later of dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.



11. Risk of Loss


Risk in the goods will pass to you upon delivery to you.



12. Delivery


We will deliver the goods in accordance with the delivery option selected by you during the order process. See Delivery section of our Site. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party.



13. Acceptance of Goods


Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure.

If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date.

If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us.



14. Intellectual Property


All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property MAC Pty Ltd, its affiliates, our partners or our licensors, and is protected by United States, Australian and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of MAC Pty Ltd, its affiliates, licensors or partners, in Australia and other countries, and are protected by United States, Australian and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.



15. Limited License


We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 15 without prejudice to any other remedy provided by applicable law.



16. Your Obligations and Responsibilities


In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to MAC Australia Online, our affiliates, partners or licensors.



17. Your Account


You must provide true, accurate and up-to-date information

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.



You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes, then please notify us immediately by contacting Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us. Alternatively, you can update your details through the “my account” page.



You must protect your password


You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.

You agree to accept responsibility for all activities that occur under your account or password.



Report any loss of password to us



If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.



How to cancel your account



Your account can be cancelled at any time by contacting Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday) (excluding public holidays) or contact us.



You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.



Our right to cancel your account



If you violate these Terms and Conditions or if we reasonably decide it would be in MAC Australia Online's best interests to do so. We reserve the right to refuse service and/or terminate accounts without prior notice.



18. Third Party Links

We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk.



We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.



19. Submissions



Submissions not confidential



It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.



Rights you give us by making a submission



Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.



Representations and warranties by you in relation to the Submission


If you make a Submission, you represent and warrant that it is true and accurate and that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.



20. Limitation of Liability



No representations or warranties



THE SITE IS PRESENTED "AS IS."



TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.



Exclusion of loss caused by certain things



YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY



(a) INTERRUPTION OF BUSINESS;



(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;



(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;



(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;



(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES;



(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR



(g) EVENTS BEYOND OUR REASONABLE CONTROL.



Exclusion of certain types of loss



TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



Cap on Liability



IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.



21. Indemnification


You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.



22. Complaints


If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us.



23. Disputes


Your use of this Website and any purchase by you of any goods from MAC Australia shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.



24. General



Entire agreement



You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications.



We may amend these Terms and conditions



We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.



Your continued use of the Site constitutes your agreement to all such terms and conditions.. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.


No Agency or partnership with you



Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.



A failure to enforce is not a release of rights



Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.



Rights are cumulative



The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.



Time not of the essence



Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.



If a term is unenforceable



In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.



Contact Us



If you have any questions regarding these Terms and Conditions, please contact us.




RETURNS AND EXCHANGES



We are committed to offering our Customers the finest cosmetic products available. If you feel the products you received from our Online Store do not meet this expectation, simply return the unused portion and we will be happy to remit your account for the full amount of the purchase. If you prefer, you may exchange your purchase for other MAC products. 



When returning or exchanging any part of your order, please include the original packing slip, noting the items being returned/exchanged and listing any items that should be sent in exchange. 



Regrettably, except as required by law shipping and handling fees are not refundable. 

If you purchased your item at a store, please understand that each store has its own return policy. We're sorry, but returns or exchanges for purchases made in a MAC store or partnered retail location may not be returned or exchanged to MAC Cosmetics Online. 



To arrange a return for products purchased on MAC Cosmetics Online please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays). 



If your package was damaged in shipment by the carrier, save the box and the merchandise and notify us immediately at 1800 613 828.



The carrier will inspect and pick up the damaged package and the damaged items will be replaced.


M-A-CNIFICENT ME CONTEST
OFFICIAL RULES


NO PURCHASE NECESSARY TO ENTER.

The M-A-Cnificent Me Contest (“Contest”) begins at 12:00:01 AM Eastern Time (“ET”) on November 17, 2014 and ends at 11:59:59 PM ET on December 5, 2014 (the “Contest Entry Period”).

ELIGIBILITY: 
Contest is open to individuals, who at time and date of entry: (i) are physically located and resident in one of the following countries/territories: Australia, Canada, France, Germany, Italy, Japan, Korea, Malaysia, Mexico, Spain, Thailand, the United Kingdom and the 50 United States (including the District of Columbia); and (ii) are at least the age of majority in their state/jurisdiction/country of residence.  Employees of M-A-C Cosmetics Inc. (the “Promoter”), Ventura Associates International LLC (the ”Administrator”), Facebook, and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Contest Entities”), and their immediate family members and/or those living in the same household of each are not eligible to enter or win.  Contest is governed by U.S. law.   Italian residents who choose to participate in the Contest are entering strictly a foreign promotion and this Contest is not a local promotion as defined by Italian law.  Void where prohibited by law.

HOW TO ENTER: 
Visit https://www.MACnificentme.com (the “Website”)  and follow the onscreen instructions including: i) uploading your headshot photograph (“Photograph”) clearly depicting you (without hats, sunglasses or weird shadows), from the shoulders and up; ii) compose up-to-six (6) headlines (each a “Mantra”)plus a statement not to exceed 100 words in length (“Statement”) describing “what makes you macnificient”; and iii) complete and submit the online entry form.  The Photograph, Mantra(s), Statement and entry form are collectively referred to herein as the “Entry.”  To be eligible, your Entry must be received during the Contest Entry Period.  After you submit the Entry, your Entry will be judged against other Entries received for the region you qualify based on the residential address and country you provide on the entry form.  The regions and eligible countries per region are as follows:

Regions:                

North America:  Canada (including the province of Quebec), Mexico and the 50 United States (including the District of Columbia).  Residents of Puerto Rico, all U.S. Territories and Possessions and overseas Military Installations are not eligible to enter or win.

Europe: France Germany, Italy, Spain and the United Kingdom (defined as Great Britain, Northern Ireland, Scotland and Wales).

Asia Pacific:  Australia, Japan, Korea, Malaysia and Thailand.

Photograph submitted in this Contest must be owned by you and not a third party and uploaded in compliance with these Official Rules.  Entries that contain Photographs that do not comply with the requirements stated herein may be disqualified at Promoter’s sole discretion.  Use of automated processes and devices to submit electronic entries are not permitted. Contest Entities are not responsible for any changes or effects caused to contestant’s computer system as a result of submitting electronic entries.  The Contest Entities are not responsible for lost, late, misdirected or otherwise undeliverable Entries, or Entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind.  The Promoter reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or website and/or violates the Official Rules.  All eligible Mantras may be posted on the Website for public viewing.  The Promoter reserves the rights to prescreen the submitted Entries and/or remove any Entry posted on the Website.  Limit: Only one (1) Entry per person.  All Entries will not be returned or acknowledged.  In the event of a dispute over the identity of an online contestant, or ownership of or rights to the Entry the disputed Entry will be disqualified, in the sole discretion of the Promoter.  

The content of each Entry must comply with the following content guidelines in order for the Entry to be eligible.  Entries cannot:

  • be sexually explicit, or derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, be profane or pornographic, or contain nudity;
  • promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • defame, misrepresent or contain disparaging remarks about other people or companies;
  • contain any prominent use of trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others as determined by Promoter, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • contain prominent 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) as determined by Promoter;
  • contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead without permission;
  • communicate messages or images inconsistent with the positive images and/or goodwill to which Promoter wishes to associate; and
  • depict and cannot itself be in violation of any law or otherwise.

By entering you represent and warrant and agree that: you have all rights to the Photograph submitted in this Contest.  The Photograph is a picture of you and you own all rights to the Photograph and that all elements, including the Statement, the Entry submitted by you is original and not copied from any other work and do not infringe upon the rights of any third party and you own all right, title and interest of said elements which is part of your Entry to enable you to grant the rights granted herein.  You retain ownership of the Entry you submit, however, by entering the Contest, you, on behalf of yourself, grant the public the right to share the Entry on social media sites for non-commercial use and grant Contest Entities and/or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Photograph and Entry in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest all without further consent from or payment or notification to you.  By submitting your Entry, you agree the Promoter has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Promoter’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry will be selected as a Winner (defined below).

By submitting an Entry, each contestant understands and grants to Promoter permission for his/her Entry to be posted on the Website, M-A-C locations, Facebook, Instagram and Pinterest, in perpetuity and throughout the world for viewing by any visitors to the Website.  Contest Entities are not responsible for any unauthorized third party use of any Entry.  Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Promoter or any of its affiliates.

For any member of the public who shares the Entry: by sharing the Entry, you agree to post the Entry to promote this Contest only and not for any commercial purposes.

Promoter reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Promoter is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules.  Furthermore, the Promoter reserves the right to not award a prize for a given region if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified Entries. 

JUDGING: 
Judging will be based on the following judging criteria based on Photograph and Statement submitted: (1) appearance (30%); (2) creativity of Statement (30%); and (3) expression of personality (40%).  

A panel of judges consisting of M-A-C’s creative director and/or marketing personnel from the Promoter(“Judges”) will determine the top six scoring entries that will each be declared a Grand Prize Winner (each, a “Winner”).  All Winners will be determined on or about December 19, 2014.  The Promoter reserves the right to determine fewer than six (6) Winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

The decisions of the Judges are final and binding on all matters relating to selection of all Winners.

TIES: 
In the event of a tie in a region, the winning Entry from among the tied Entries is the Entry with the highest score in  appearance.  In the event of a further tie, the tied Entries will be judged on the basis of suitability for future promotional and advertising purposes and the Entry with the highest score in that category will be the winning Entry.

PRIZES AND THEIR CORRESPONDING APPROXIMATE RETAIL VALUE (“ARV”):  Six (6) Grand Prizes: Each Winner will receive a three (3) days/ two (2) nights trip (for Winner only) to attend a photo shoot in New York City, New York, USA (ARV: $3,000.00 each, depending on location of Winner and fares at time of booking).  Each trip includes: round-trip coach airfare to and from major commercial airport to/from the Winner’s primary residence, single occupancy hotel accommodations, selected meals and makeover as determined by the Promoter.  All meals other than those provided by Promoter, ground transportation, taxes, gratuities, incidentals, upgrades, service charges or other expenses not specified herein are not included and are each Winner’s sole responsibility.  Travel arrangements must be made through Promoter’s agent on a carrier of Promoter’s choice.  Winners must comply with any security procedure or measures imposed by the Promoter and/or photo shoot coordinator(s) and/or its representatives.  If the photo shoot is postponed or canceled or has occurred, no compensation or substitution will be provided and the Promoter shall have no further obligation to the Winner other than to provide the remaining portion of prize.  If, for any reason whatsoever, a Winner is unable to attend the photo shoot after all travel arrangements have been made and paid, the Promoter shall have no further obligation to the Winner.  If a Grand Prize is forfeited prior to Promoter finalizing and paying for travel, and there is sufficient time to notify an alternate Winner, the prize will be awarded to the contestant with the next highest score from the regions the disqualified Winner originated.  Each Winner is responsible for obtaining the proper travel documentation (e.g., valid photo ID, passport or Visa) prior to travel. Winners must travel on dates (currently scheduled for February 2015) specified by Promoter or forfeit all rights to the trip.  If actual value of each Grand Prize trip is less than the ARV stated herein, the difference will not be awarded in cash.  All prize values are in US Dollars (“USD”).  The following applies to each Prize: Prize details are at Promoter’s sole discretion.  Arrangements for the fulfillment of each Prize will be made by Promoter or Promoter’s designated agent.  All federal, state, territory and other taxes, costs and expenses relating to the use, acceptance and possession of any Prize is the sole responsibility of each Winner.  Prizes are non-transferable and no substitution by Winner or cash equivalent is allowed.  A Winner from the United States will be issued a 1099 tax form for the actual value of the Grand Prize.  The Promoter reserves the right to substitute a Prize or portion of a Prize for one of equal or greater value in its sole discretion.

WINNER NOTIFICATION
An email prize notification will be sent to each Winner on or about December 22, 2014 based on the information provided by contestant on the Entry. Each Winner must also be able to receive phone calls from an unlisted/blocked number and have (or have access to) an internet connection to receive emails from the Sponsor and/or its designated agent. The contact information provided on Entry will be used to notify each Winner.  All Winners will be required to respond to the prize notification within forty-eight (48) hours of notification deployment in order to receive the Affidavit of Eligibility/Liability and Publicity Release (“Affidavit”) which must be completed, signed and returned to Sponsor or its designated agent within forty eight (48) hours of Affidavit deployment.  A background check may be conducted on each Winner.  If an Affidavit or prize notification is not returned within the specified time period stated herein, or if an Affidavit or prize notification is returned as undeliverable, if the Winner is otherwise found to be ineligible, if negative information is revealed as a result of a background check, or if a Winner cannot accept the prize for any reason, then the Winner will automatically forfeit the prize and, at the Sponsor’s sole discretion and time permitting, an alternate winner may be determined. Except where prohibited by law, entry and acceptance of prize constitute permission for Sponsor and its agents to use each Winner’s name, prize won, Entry (including photo), hometown, Likeness, photographs, and statements for purposes of advertising, Contest and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Furthermore, Promoter and/or its agents may film, record and/or take photographs before/during/after the photo shoot session, and may use the resulting footage, recordings and/or photographs for a range of purposes, including, without limitation, for marketing and promoting the Promoter and its respective products and services.  No additional compensation will be provided to any Winner for any resulting footage.

GENERAL: 
Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute in your local jurisdiction/country of residence or cause any part of these Official Rules to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, by submitting your Entry or otherwise participating in the Contest, you agree to accept these Official Rules and agree to be bound by the decisions of the judges and the Promoter, and on behalf of your respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, as well as the employees, officers, directors and agents of each (“Released Parties”) from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from contestant’s participation, acceptance and use or misuse of any Prize, including any travel related activities.
Promoter is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any Prize.  In the event Promoter is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or otherwise, including, but not limited to, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat and/or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court, or other cause, Promoter shall have the right to modify, suspend, or terminate the Contest.  Contestants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of any Prize.
Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void.  Subject to any Non-Excludable Guarantees (if any), the Released Parties are not responsible for: (i) lost, late, misdirected, damaged, or illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Promoter on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to contestant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest.  By participating in the Contest, contestants (i) agree to be bound by these Official Rules, including all eligibility requirements; and (ii) agree to be bound by the decisions of Promoter and the judging panel, which are final and binding in all matters relating to the Contest.  Failure to comply with these Official Rules may result in disqualification from the Contest.  Promoter reserves the right to: permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to determine Winners from among all eligible Entries received prior to termination.  LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A CONTESTANT, TO INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

CHOICE OF LAW:
This Contest is governed by the laws of the United States and the State of New York applicable to contracts made and performed in the State of New York, without respect to conflict of law doctrines.  As a condition of participating in this Contest, contestants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York, New York having jurisdiction and contestants irrevocably consent to the Jurisdiction of the courts located in New York, New York;  and (2) 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.  Promoter’s total cumulative liability in connection with this Contest, whether in contract or tort or any other legal theory, shall not exceed the stated ARV of the prizes offered hereunder.  In the event any provision of these Official Rules will be held to be unenforceable, these Official Rules will continue in full force and effect without such provision.  These Official Rules are intended to be the complete, final and exclusive statement of the terms of the agreement between each contestant and the Promoter relating to the subject matter hereof.

WINNERS LIST:  
For the names of the Winners (available after January 31,, 2015), visit https://www.MACnificentme.com after January 31, 2015.
 
RESIDENTS OF QUEBEC, CANADA:  
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

PERSONAL INFORMATION & PRIVACY:  Information collected from contestants is subject to Promoter’s Privacy Policy and the requirements of each country’s Data Protection Act.  Any personal information provided hereunder will be subject to Promoter’s privacy policy at https://www.MACnificentme.com.  The information Promoter collects is stored and processed on servers in the United States.  Participation in the Contest implies authorization to collect, process and use the data provided concerning the participant and to transfer such personal data to the United States for purposes of management of the Contest and future offers for any participant that has opted-in to receive such offers.  To opt-out of the Contest and/or modify information, visit Promoter’s privacy policy at https://www.MACnificentme.com.

PROMOTER:  M-A-C Cosmetics, Inc., 130 Prince Street, New York, NY 10012, USA.

This Contest is not sponsored, endorsed or administered by Facebook, nor is Facebook associated with the Contest in any way. You understand that you are providing information to M-A-C Cosmetics, Inc. and not to Facebook. Any questions, comments or complaints regarding the Contest must be directed to M-A-C Cosmetics, Inc. and not to Facebook.  Facebook is a registered trademark of Facebook, Inc.  The information you provide will only be used for a manner consistent with these Official Rules and with the Promoter’s privacy policy.