Rules

RULES & REGULATIONS 

THE PACIFICA MUSE CONTEST

OFFICIAL RULES

1. Eligibility:

The Pacifica Muse Contest (the "Contest") is open solely to legal residents of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) who are at least 16 years of age at date of entry. Participation consent from one of the entrant’s parents or legal guardians, and acceptance of the enforceability of the Official Rules outlined in this legal document, must be supplied for any entrant under the age of majority in his or her state, province or territory of residence (eighteen (18) in most states and provinces; nineteen (19) in Alabama, Nebraska, British Colombia, Nova Scotia, New Brunswick and Newfoundland; and twenty-one (21) in Mississippi). At the time of entry must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these Official Rules. This contest is to be run by Pacifica ("Sponsor”). As such, Sponsor employees, those living in the same household as employees – whether or not related of Pacifica Cosmetics ("Sponsor”), and employees’ immediate families (parents, children, spouses or siblings and their respective spouses, regardless of where they reside) and are not eligible to enter or win.

By participating in this contest, entrants agree to be bound by the Official Rules outlined in this document. They also agree to accept without conflict the decisions of the judges and/or Sponsor, which are both final and binding on matters relating to this Contest. Contest is subject to all applicable federal, state, province, territory and local laws. Potential winners are subject to verification of eligibility and identity per these Official Rules, which may include a background check and completion of documentation required by Sponsor to complete such background check, the results of which must be completely satisfactory as determined by Sponsor in its sole discretion. Additional eligibility requirements apply for Finalists, as described below.

2. Sponsor Pacifica, 3135 NW Industrial Street, Portland, OR 97210.

3. Agreement to Official Rules: By participating in this contest, entrants agree to be bound fully and unconditionally by the Official Rules outlined in finality throughout this document, and by the final decisions of the Sponsor and the judges appointed by the Sponsor. They also agree to accept without conflict the decisions of the judges and/or Sponsor, which are both final and binding on matters relating to this Contest.  Agree to parameters set forth in the Pacifica Muse one-year contract. Winning a prize is contingent upon fulfilling all requirements set forth herein, including Sponsor's approval of the results of a background check.

4. Timing: The Contest begins on July 9th, 2016 at 12:00 PM (“noon”) Pacific Time ("PST"), and ends on August 9th, 2016 at 12:00 PM (“noon”) PST (the "Contest Period"), and consists of five (5) phases as set forth in the chart below.

5. Entry Chart:

Entry Submission : START July 9th, 2016 (noon PST) – END August 9th, 2016 (noon PST)

Round of 30 Challenge: START August 17, 2016 (noon PST) – END August 24, 2016 (noon PST)

Community Voting Phase of Round of 30 Challenge: START August 25, 2016 (noon PST) – END August 31, 2016 (noon PST)

Round of 15 Challenge: START September 8th, 2016 (noon PST) – END September 16th, 2016 (noon PST)

Community Voting Phase of Round of 15 Challenge: START September 19th, 2016 (noon PST) – END September 26th, 2016 (noon PST)

Round of 5 Challenge: START September 29th, 2016 (noon PST) – END October 10th, 2016 (noon PST)

Final Judging: START October 10th, 2016 (noon PST) – END October 12th, 2016 (noon PST)

Winner Announced On or before October 12th, 2016

 

 

6. How to Enter: During the Entry Submission Phase, you may enter the contest by following the guidelines posted on www.pacificamuse.com to create an instagram video that tells us why you are a Pacifica Muse, and shows us your talent as a makeup artist. The video must be tagged #PacificaMuse for valid entry.

Entry Videos will be judged based on the following criteria:

• 30% Artistry in makeup application

• 30% Solutions & Creativity (Innovative solutions around the use of makeup such as tips and tricks/ or a new look)

• 20% Educational value of the tutorial

• 10% Ability to demonstrate or communicate why you are the next Pacifica Muse. Consider this: what inspires YOU? Is there something you do that you think inspires others, even in the smallest way? (Muses don’t go around talking about why they are a muse, they just are. So don’t let this hold you back. This could just be one simple sentence).

• 10% Quality of the video production

Your video may be as short as 30 seconds, but please do not exceed 60 seconds total. You may make up your own face or use a model; if you use a model, your model must be at least eighteen (18) years of age. For the entry video, you are not required to use Pacifica cosmetics and may use any cosmetic products you would like, however brand names and logos of products other than the Sponsor's must not be prominently displayed in your video. Your use of or reference to Sponsor's products will not positively impact the Winner Determination process described below in Section 8. By entering this contest and thereby agreeing to these Official Rules, each entrant warrants that he or she is the person listed on the entry form.

By submitting an Entry Video, entrant grants permission for the Contest Entry Video to be posted on www.pacificamuse.com, www.pacificabeauty.com, and other Pacifica branded websites or social platforms. Released Parties do not guarantee the posting of any Contest Entry. Entrant agrees that all Released Parties (as defined below) hold no responsibility for any unauthorized use of Contest Entries by third parties. Entrants agree that they will not use the 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.

To participate in the Contest you must have a non-private YouTube account. If you do not have a YouTube account, it is free to create one at www.YouTube.com; simply follow the instructions on the website to create a new account. You will be asked to agree to the terms of service and privacy policy of the relevant platform (YouTube). This Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. If you choose to enter this contest using your mobile phone, standard data fees may apply. See your wireless provider for pricing plan details. By uploading your video (herein referred to as your Entry), you agree that it conforms to the Video Guidelines and Content Restrictions defined throughout this document and that Sponsor, in its sole discretion, has the right to remove your Entry and disqualify you from the Contest if it is believed that your Entry fails to conform to the Video Guidelines or Content Restrictions in any way.

7. Video Guidelines and Contest Restrictions:
(Begins Challenge of 30)

Video Guidelines
The below outlined Video Guidelines pertain to the initial video Entry as well as all subsequent challenges, unless specifically noted otherwise:
• All video entries must be submitted in a digital format accepted by YouTube: avi, flv, mov, mp4, mpeg4, mpegps, 3gpp, webM,or wmv;
• Entries must meet YouTube's Terms of Service requirements, see: http://www.youtube.com/static?gl=US&template=terms .
• Entries must also meet YouTube’s Community Guidelines, see: http://www.youtube.com/t/community_guidelines .

 

Contest Restrictions

The below outlined Contest Restrictions pertain to the initial video Entry as well as all subsequent challenges, unless specifically noted otherwise:

• Making claims or beliefs (positive or negative) about any products or their performance will not improve or otherwise diminish an individual’s chances of winning; 

• Products other than Sponsor’s may be used in Entry and Challenge videos, but no statement is to be made about another brand’s products, and all brand names and logos of products other than the Sponsor's are not to be predominantly displayed in the video.

• Entrant must acquire permission from any human models used; the agreement must include permission to use his/her likeness and/or name in the Entry, and it must grant all the rights set forth herein. If necessary, entrant must be able to provide proof of permissions on request in a form acceptable to Sponsor;

• Videos that contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, will be refused and/or disqualified;

• Videos that constitutes copyright infringement will be disqualified;

• The Entry must not disparage Sponsor or any other person or party;

• No Entry may contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use within videos that constitute a part of his/her Entry in this Contest only;

• All content must be the creation of the entrant;

• Material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous will warrant disqualification;

• Materials that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age will warrant disqualification;

• The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state, province, territory or Country where Entry is created;

• Submitted entries must be unique creations that have not previously won any awards;

• All entries must not infringe upon the copyrights, trademarks, rights of privacy, publicity rights, intellectual property right, or other rights of any person or entity;

• If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry.

All video content submitted must be the original unpublished work of the entrant. Sponsor reserves the right to request proof of any permissions in a form deemed acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, will render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the Entry and use of the Entry in the Contest and to its use as otherwise set forth herein. By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.

Limit: Each entrant may upload one (1) Entry for each Phase (Submission, Round of 30 Challenge, Round of 15 Challenge, Round of 5 Challenge, and Final Video Challenge) Entries received from any person, email address or YouTube account in excess of the stated limit will be void. Entries generated by script, macro or other automated means are void.

Ownership of Entries: Uploading an Entry constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry. Released Parties (as defined in Section 11, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void. In the event of a dispute as to any Entry, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

8. Winner Determination: Winners will be determined by the following process: First, the Sponsor will select the top thirty (30) Entries based on objective judging criteria listed below. Then, the thirty (30) Contestants will participate in one (1) video challenge as described below for a chance to be one of fifteen Contestants in the Round of 15 Phase. From the thirty Contestants, fifteen will be selected based on judging criteria to compete in one (1) additional video challenge (“Round of 15 Challenge”).
From the fifteen Contestants, five will be selected based on judging criteria to compete in one (1) additional video challenge (“Final Video Challenge”). Of those five Finalists, one will be selected as the Grand Prize winner and two (2) will be selected as First Prize winners.

a. Initial Judging Phase: During the Initial Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will score all eligible Entry Videos based on the following Judging Criteria:

• 30% Artistry in makeup application

• 30% Solutions & Creativity (Innovative solutions around the use of makeup such as tips and tricks/ or a new look)

• 20% Educational value of the tutorial

• 10% Ability to demonstrate or communicate why you are the next Pacifica Muse. Consider this: what inspires YOU? Is there something you do that you think inspires others, even in the smallest way? (Muses don’t go around talking about why they are a muse, they just are. So don’t let this hold you back. This could just be one simple sentence).

• 10% Quality of the video production From all Entry Videos received, thirty (30) videos with the highest score as deemed by a panel of qualified judges determined by Sponsor in its sole discretion will be deemed Semi-Finalists and invited to move on to the Semi-Final Video Challenge round. In the event of a tie, the entrant whose Entry received the highest score for “Ability to demonstrate or communicate why you are the next Pacifica Muse” as determined by the qualified judges in their sole discretion, will be deemed the applicable Semi-Finalist. Sponsor reserves the right to select fewer than thirty (30) Semi-Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

b. Challenge Rounds: This contest will include two challenge rounds: A Semi-Final challenge round that consists of 30 Semi-Finalists entrants, and a Final Challenge Round that consist of five (5) Finalists. Each video challenge requires the Entrant to submit a video consistent with a surprise theme (the “Challenge”) that will be determined and revealed by Sponsor both online at www.pacificamuse.com, and/or in a box of products that will be sent to Semi-Finalists and Finalists, at or before the opening of each challenge period. All videos submitted for the Semi-Final Challenge Round and the Final Challenge Round will be published on the contest Web page at www.pacificamuse.com; in some cases Entry videos may also be published along with each entrant's name and city. The 30 selected Semi-Finalists, and then the five (5)1 selected Finalists, will be notified of their acceptance into the Challenge Rounds by a letter that will come to the Entrant inside a box of products. The box of products and the acceptance letter will be sent using information provided by the Entrant on the entry form. After each challenge round there will be a public voting period (“Community Voting Phase”). During the Community Voting Phases, as noted in the dates/times in the Entry Chart above, Semi-Finalists' Entries will be posted for public voting at www.pacificamuse.com. The public is to vote for the Entry they believe is the best. Each member of the public will be limited to one (1) vote per person via Facebook or Twitter, each day (noon to noon PST) as noted in the dates/times in the Entry Chart above. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Semi-Finalist or voter to obtain more than the stated number of votes 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, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the entrant's Entry and entrant may be disqualified as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to revise the vote counts should the voting as a whole appear to have been tampered with or manipulated in significant way. Challenge Finalists and Contest Winners will be determined based on public voting and judging to be performed by a panel of qualified judges determined by Sponsor in its sole discretion. The panel of judges will score each video based on the following factors: • 30% Presentation of personal style in the video • 30% Creativity used to accomplish makeup challenge • 30% Educational value of the tutorial and mastery of makeup application • 10% Quality of the video production In the event of a tie, the Semi-Finalist who received his/her winning community vote accumulation first will be contestant to move on to the next Round.

Round of 30 Challenge: Per the dates/times listed in the Entry Chart above, the thirty (30) entrants must submit a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Submissions must be received by August 24th, 2016 at 12:00PM (“noon”) PT. Public voting per the dates and times noted in the Entry Chart above, will be conducted at www.pacificamuse.com. The top fifteen (15) entries with the best score, based 50% on pubic voting and 50% on scoring to be performed by a panel of qualified judges determined by Sponsor in its sole discretion, will proceed to the Round of 15 Challenge.

 

Round of 15 Challenge: Per the dates/times listed in the Entry Chart above, the fifteen (15) entrants must submit a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Submissions must be received by September 16th, 2016 at 12:00PM (“noon”) PT. Public voting per the dates and times noted in the Entry Chart above, will be conducted at www.pacificamuse.com. The top five (5) entries with the best score, based 30% on pubic voting and 70% on scoring to be performed by a panel of qualified judges determined by Sponsor in its sole discretion, will proceed to the Final Challenge.

 

Round of 5 Challenge: Per the dates/times listed in the Entry Chart above, the five (5) entrants must submit a video containing thematic content to be determined by Sponsor and satisfying the video requirements specified above. Submissions must be received by October 6th, 2015 at 12:00pm (“noon”) PT. Public voting per the dates and times noted in the Entry Chart above, will be conducted at www.pacificamuse.com. From these five (5), the Grand Prize winner and 2 First Prize winners will be selected based on scoring to be performed by a panel of qualified judges determined by Sponsor in its sole discretion. Sponsor reserves the right to not select a Grand Prize winner or First Prize winner, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

9. Finalist Notification: Top 5 Finalists will be notified by email and/or a box of products on or before September 29th, 2016 using contact information provided on the entry form. The potential Finalists will be required to sign and return an Affidavit of Eligibility and Release and where not prohibited Publicity Release, including agreement for Sponsor to perform a background check, which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. The potential Finalists will be confirmed upon Sponsor's satisfaction with and approval of the results of the background check. If a potential Finalist cannot be contacted, fails to execute and return the Affidavit of Eligibility and Release and Publicity Release or provide any other requested information within the required time period (as applicable), does not comply with these Official Rules, or notification is returned as undeliverable, potential Finalists forfeit the prize. If a potential Finalist is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the Finalists' name, city, state or province, territory, likeness, Entry and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. A Finalist who is a Minor will be notified via his or her parent or legal guardian.

10. Prizes: a. ONE (1) GRAND PRIZE: $10,000 US Dollars ("USD"). Approximate Retail Value ("ARV"): $10,000; A professional photoshoot with Pacifica in Los Angeles, CA, “APV” $8,000; A one-year contract with Pacifica as the Pacifica Muse, "ARV" $5,000; A one-year supply of Pacifica cosmetic and skincare products, as determined by Sponsor, "ARV" $3,500; A $1,000 gift card to ULTA, ARV” $1,000; A $1,000 gift card to Target, “ARV” $1,000. Branded Travel TBD by brand which includes travel expenses, as well as other creator/brand opportunities (TBD by brand).
b. (2) FIRST PRIZES: $1,000 Dollars "USD,” "ARV" $1,000; a selection of Pacifica cosmetic product, as determined by Sponsor, "ARV" $1,500. Total "ARV" of all First Prizes, $2,500. Total "ARV" of all First Prizes, $5,000 "ARV". Total ARV of all prizes: $33,500 "ARV." Sponsor reserves the right to not select a Grand Prize winner or First Prize winner, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

c. Finalists' Grand Prize Travel: *Finalists, including one parent or legal guardian of each Finalist who is a Minor, will be provided up to $1,000 toward their travel expenses in the event that they are permanently located outside of the Los Angeles area at the time that they are deemed the Grand Prize Winner. Winners under the age of 18 will also be supplied a $50 stipend per day for a maximum number of two days to cover meals and beverages. The up-to $1,000 travel stipend can be applied to coach, standard or economy-class round-trip airfare or other transportation (as selected by Sponsor) from a major airport near the Finalist's home (airport and airline or other transportation selected by Sponsor in its sole discretion), one (1) standard room double occupancy hotel room at a hotel selected by Sponsor with a ranking of three or more stars (to be shared by Finalist and his or her parent or legal guardian for any Finalist who is a Minor), ground transportation to and from the hotel and Los Angeles International airport, and transportation to event location(s), as provided by Sponsor. Any expenses that exceed up-to $1,000 per Winner and up-to $1,000 per Legal Guardian as appropriate, including, but not limited to, all other meals, beverages, gratuities, incidentals, taxes, other ground transportation, and baggage handling fees are the sole responsibility of the each Finalist (Approximate Retail Value ("ARV"): $1,000 USD per person). Finalists and the parent or legal guardian of any Finalist who is a Minor shall reasonably cooperate with Sponsor to arrange for the prompt booking of their travel arrangements. All airline or other travel tickets once booked cannot be changed unless Sponsor in its sole discretion consents. Any additional fees or penalties incurred as a consequence of any changes made to any travel arrangements after they are booked that are made at the request of a Finalist (or his or her parent or legal guardian) are the sole responsibility of such Finalist. All Finalists (and his or her parent or legal guardian, for any Finalist who is a Minor), are solely responsible for obtaining any necessary travel documents, including photo identification, visas and/or passports. Sponsor does not provide travel or other insurance.

For All Prizes: Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Actual value of may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Any travel must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves right to change dates. Travel must be made through Sponsor's agent, on a carrier of Sponsor's choice. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state, province or territory and local taxes, if any, as well as 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. Sponsor reserves the right to not select a Grand Prize winner or First Prize winner, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

11. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, YouTube LLC, prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

12. Miscellaneous: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize, the incorrect uploading of the photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or Entry of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. Sponsor reserves the right to modify the Contest rules and to suspend or terminate the contest for any reason and at Sponsor’s sole discretion  and accept or decline any submissions out of order for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

13. Arbitration: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association.  This agreement shall be governed by and construed in accordance with the laws of the State of Oregon.  Participants and Sponsor stipulate that the place of formation of any agreement herein is Portland, Oregon and that the venue for any arbitration shall be in Portland, Oregon.  Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.

14. Use of Data: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor's privacy policy at www.pacificabeauty.com. By participating in the Contest, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.

15. Request for Winners' List: For a list of winners (available after October 12th, 2016), send a self-addressed, stamped, envelope by April 18, 2016 to: Pacifica Muse Contest, 3135 NW Industrial Street, Portland, OR 97210.