PRETTY POWERFUL ART CONTEST
OFFICIAL RULES ("Official Rules")

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW.
 

1) ACCEPTANCE OF THE OFFICIAL RULES; SITE POLICIES: Each individual who enters the Contest is referred to in these Official Rules as an “entrant”. By entering the Contest, each entrant accepts and agrees to comply with and abide by these Official Rules and by the decisions of the Sponsors, which shall be final and binding on all matters pertaining to the Contest. Participation in the Contest is also governed by the terms and policies pertaining to the contest website at: https://www.bobbibrown.com/pretty-powerful-art-contest-2024 (the “Contest Site”), which may be viewed on the Contest Site. The collection, use, and disclosure of information obtained online from entrants in the Contest is governed by Bobbi Brown's privacy policy, which may be viewed at https://www.bobbibrowncosmetics.com/privacy-policy (such privacy policy and the Contest Site terms and policies are referred to in these Official Rules as the “Policies”). In the event of a conflict between any of the Policies or any Contest promotional materials and these Official rules, these Official Rules shall prevail and govern as to any matter pertaining to the Contest. By entering the Contest, each entrant also agrees to comply with any and all applicable Laws in connection with her participation in the Contest. Entry in the Contest does not constitute entry into any other promotion, sweepstakes, or contest.

A. The Contest is open to any natural person who meets all of the following eligibility requirements at the time of entry:

i. The entrant is a legal resident of the fifty (50) United States or the District of Columbia (but not Puerto Rico, Guam, or U.S. Virgin Islands);
ii. The entrant is between thirteen (13) and twenty-two (22) years old; and
iii. The entrant is a member of a U.S. chapter of She’s the First or a member of an organization affiliated with She’s the First.

B. Additionally, an individual who meets any of the following criteria are NOT eligible to enter the Contest:

Additionally, the Winner’s artwork will be featured on the website for Bobbi Brown’s Pretty Powerful Fund. The Winner’s artwork may also be featured in Bobbi Brown’s marketing and promotional campaign for Women’s History Month or International Women’s Day in 2025, including on social media, on Bobbi Brown’s website, and in marketing emails.

STF will provide the Winner with the prize money via direct deposit through Justworks or another method determined by STF. In order to receive the prize, the Winner may be required to create a Justworks account, provide the Winner’s bank account information through the Justworks portal, and complete applicable tax forms. The Winner may be subject to terms of use associated with the Justworks portal and applicable terms (including any banking fees) imposed by the Winner’s bank, and neither Bobbi Brown, STF, nor any of their respective parents, subsidiaries, or affiliates, are responsible for establishing those terms and conditions, for disclosing or explaining any of those terms and conditions to the entrants, or for the Winner’s failure to comply with any of those terms and conditions.

8. GENERAL PRIZE CONDITIONS: All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by the Sponsors in their sole discretion. The awarding of prizes is not intended to, and shall not be deemed to, create any employment or similar contract or relationship between Bobbi Brown or STF, and the Winner. No prize is exchangeable, assignable, or otherwise transferable, except at the Sponsors’ sole and absolute discretion. The Sponsors reserve the right to substitute for any prize one or more items or services of equal or greater value in its sole discretion. The value of the prize may be taxable to the Winner as income. For US residents: An IRS Form 1099 will be issued by the Sponsors in the name of the Winner for the value of the prize(s) received. The Winner shall be solely responsible for all federal, state, provincial, territorial and/or local taxes (including income, VAT, customs duties, and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize.

9. WINNER NOTIFICATION AND PRIZE CLAIM: Within ten (10) working days of the conclusion of the Judging Period, the potential Winner will receive a notification email from the Sponsors (a “Prize Notification”) sent to the email address indicated by the potential Winner in their applicable winning Entry. The potential Winner will have ten (10) working days to respond in writing (including by email) to the Prize Notification once it has been sent to the potential Winner, including providing any requisite information to accept their prizes. The Sponsors shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. In order to claim a prize, the potential Winner (or their legal guardian, if the potential Winner is under the age of majority in their jurisdiction of residency) may be required to verify for the Sponsors her permanent address and social security or taxpayer identification number, and complete any requested tax reporting forms, for purposes of compliance with tax regulations, including by completing an IRS Form W9 or W8-BEN for U.S. residents. Upon a Sponsor’s request, the potential Winner (or their legal guardian, if the potential Winner is under the age of majority in their jurisdiction of residency) must also execute and return, where legally permissible, a declaration of eligibility, a declaration of compliance with these Official Rules, a liability release, and/or a publicity release. If a potential Winner is found to be ineligible, has not complied with these Official Rules, or declines the prize(s) for any reason prior to being awarded, such potential Winner will be disqualified and forfeit her prize, and the Sponsors may allocate the prize to an alternate potential Winner from the pool of remaining entrants based on the Judging Criteria described in these Official Rules. The Sponsors may successively attempt to contact up to five (5) potential Winners in accordance with such procedure, and if there is still no confirmed Winner of a prize after such attempts have been made, the Sponsors may announce an alternate means for awarding that prize, which may include donating the prize to a charity of the Sponsors’ choosing. The distribution of the prize(s) will be at the sole determination of the Sponsors to the entrants deemed to have won the Contest by the Sponsors in accordance with these Official Rules.

10. USE OF PERSONAL DATA: All personal information collected by or on behalf of the Sponsors (including without limitation, an entrant’s name, biographical data, and city and state/province of residence) may be disclosed to the Contest Entities and used by the Sponsors or any of the other Contest Entities for the administration of the Contest. In addition, except to the extent prohibited by Law, the Winner grants to the Sponsors and each of its respective designees the right to publicize such Winner's name and address (city and state/territory of residence), photo, and prize information in connection with the Contest, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission. If an entrant objects to the publication or making available of their name, address (city and state/province of residence), photo, and prize information, the entrant must contact Bobbi Brown at eeatman@estee.com. In such circumstances, the Sponsors may still provide the information and winning Entry to third parties (e.g., regulators) where required by applicable Law, such as for tax reporting purposes or to show that a valid award took place.

11. LICENSE GRANT: By submitting an Entry, each entrant irrevocably grants each Sponsor and its designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to use the Entry and any other artwork, work of authorship, data, ideas, information, images, content, or materials included in such Entry, in any media now known or hereafter devised, throughout the world for purposes of advertising and promoting the Contest and related activities. Each Sponsor is not obligated to use any of the above-mentioned artwork, works of authorship, data, ideas, information, images, content, or materials, but if such Sponsor does so, such Sponsor may edit them in such Sponsor’s sole discretion, and all such uses will be without further obligation or compensation. Each entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the each Sponsor's use of the Entry or exercise of any rights granted to each Sponsor as stated in this paragraph, and each entrant agrees not to sue or assert any claim against the Contest Entities with respect to any such use.

12. RELEASE OF LIABILITY: By entering the Contest, each entrant (a) agrees that none of the Contest Entities shall be responsible for, and (b) to the maximum extent permitted by Law, releases and holds harmless the Contest Entities from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from:

i. participation in the Contest;
ii. any breach or other violation by such entrant of these Official Rules or applicable Law;
iii. the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize);
iv. any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by an entrant,      printing errors, human error, or by any of the equipment or programming associated with or utilized in the Contest;
v. any damage to an entrant’s equipment (such as a computer system or mobile device) which is occasioned by participating in the Contest;
vi. miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without      limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message);
vii. for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature;
viii. any Entry, email, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late,      non-conforming, ineligible, or damaged;
ix. any use of an entrant’s personal information and Entries as permitted under these Official Rules; or
x. any other events beyond a Sponsor’s reasonable control.


The foregoing release does not include claims, injuries, damages, liabilities, costs, expenses, or losses related to personal injury, death, or damage to or loss of property of an entrant to the extent that such claims or losses occur, directly or indirectly, in whole or in part, from the negligence of one or more of the Contest Entities.



13. LIMITATION OF LIABILITY: NO SPONSOR OR ANY OTHER CONTEST ENTITY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH CONTEST ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE CONTEST ENTITIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY (OR SATISFACTORY QUALITY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE CONTEST OR ANY PRIZE.

14. DISQUALIFICATION: The Sponsors reserve the right in their sole discretion to disqualify any entrant who the Sponsors find, in their sole discretion, to be tampering with the participation process or the operation of the Contest or the Contest Site, to be acting in violation of these Official Rules, to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and each Sponsor reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by Law.

15. TERMINATION/MODIFICATION: The Sponsors shall have the right to modify, suspend, or terminate the Contest, at its sole discretion, at any time for any reason and without prior individual notice, including without limitation as a result of natural disaster, equipment failure, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Contest, or other causes not within the control of the Sponsor. In addition, if, in the exclusive judgment of the Sponsors, the Contest (or any portion thereof) becomes compromised in any way, or the Contest does not run as contemplated by the Sponsors, the Sponsors reserve the right, at their sole discretion, to cancel any method of entry, to void any Entries submitted fraudulently, to modify or cancel the Contest, and/or to select Winners from among all non-suspect eligible Entries received prior to the act that compromised the contest. Should the Contest ever be terminated prior to the Winner selection, the Sponsors will make alternate arrangements to award the prize. The Sponsors reserve the right to make changes in these Official Rules in their sole discretion. If such cancellation, termination, modification, or suspension occurs, notification will be posted on the Contest Site. Any such changes will become effective upon notice.

16. INTERPRETATION: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Any Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

17. DISPUTES:


A. All disputes concerning the Contest, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and any Contest Entity in connection with these Official Rules or the Contest shall be governed by, and construed in accordance with, the Laws of the State of New York and applicable United States federal Law, without giving effect to any choice of law or conflict of law rules that would cause the application of the Laws of any other jurisdiction.

B. Except where prohibited, by participating in the Contest, each entrant agrees that any and all disputes the entrant may have with, or claims the entrant may have against, the Contest Entities, relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (“JAMS”) and conducted pursuant to the then-current Streamlined Arbitration Rules & Procedures established by JAMS (“JAMS Rules”), except that the entrant may assert claims in small claims court if those claims qualify under applicable Law. If JAMS Rules conflict with any portion of these Official Rules, the Official Rules shall control. The entrant and applicable Contest Entity(ies) shall mutually agree on a neutral arbitrator, provided that if such parties cannot agree on an arbitrator within ten (10) days, then JAMS will choose the arbitrator. For more information on JAMS and/or the JAMS Rules, please visit their website at https://www.jamsadr.com/rules-streamlined-arbitration/.

C. The Federal Rules of Evidence and Civil Procedure will govern the arbitration proceedings, including a right to discovery to the same extent set forth in the Federal Rules of Civil Procedure (as ultimately determined by the arbitrator). The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by these Official Rules, including without limitation injunctive or declaratory relief, specific performance, damages, and cancellation of these Official Rules. In the event that the entrant does not prevail, the arbitrator may not award the prevailing party its costs.

D. Unless the entrant opts-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the scope, applicability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, and court review of arbitration awards is limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow these Official Rules, as a court would. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

E. The arbitrator’s decision shall be controlled by the applicable Law stated above and terms and conditions of these Official Rules and any of the other policies or agreements referenced herein that the applicable entrant may have entered into in connection with the Contest. To the extent permitted by Law, any such dispute or claim shall not be combined or consolidated with any dispute or claim of another person against Sponsor, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any part of this Section 18 (Disputes) is deemed to be invalid or otherwise unenforceable or illegal, the balance of this section shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

F. The arbitration of any claims or disputes hereunder shall be conducted in New York, New York, except that the arbitration may be conducted in the county or parish of the entrant’s primary residence. The entrant or any Contest Entity also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) will be governed by JAMS’ rules, including the JAMS Consumer Arbitration Minimum Standards.

G. BY PARTICIPATING IN THE CONTEST, THE ENTRANT SPECIFICALLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 18(A) ABOVE, AND WAIVES THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, THE ENTRANT HEREBY AGREES TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION 18(A) ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SECTIONS 18(B) TO 18(F) ABOVE.

H. The entrant may opt-out of Sections 18(A)–(G) by sending a notice (“Rejection Notice”) to Bobbi Brown no later than thirty (30) days after the entrant’s submission of an Entry. The entrant must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g., Federal Express) to Bobbi Brown at Attn: Bobbi Brown Cosmetics, 575 Broadway Fl 4, New York City, 10012, United States. In the event of any dispute concerning whether the entrant has provided a Rejection Notice within thirty (30) days, the entrant must provide a signed receipt confirming Bobbi Brown received the Rejection Notice within thirty (30) days.

I. To the extent that a dispute is not subject to arbitration under this Section 18, such dispute may be resolved through an action brought in the appropriate state or federal court located in New York, New York, USA; and the entrant and the Contest Entities irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience of the forum.


18. SPONSOR: The Sponsors of the Contest are Bobbi Brown Professional Cosmetics, Inc. and She’s the First. For questions about the Contest, please contact Attn: Bobbi Brown Cosmetics, 575 Broadway Fl 4, New York City, 10012, United States, or send an email to eeatman@estee.com.

19. NO ENDORSEMENT: Nothing contained in these Official Rules or in any of the Contest materials should be construed as an endorsement by any Sponsor of any third party, product, or service.

20. WINNERS LIST/OFFICIAL RULES: To request a copy of these Official Rules or to obtain written notice of the Winner of the Contest, send a self-addressed stamped envelope to Attn: Bobbi Brown Cosmetics, 575 Broadway Fl 4, New York City, 10012, United States, or send an email to eeatman@estee.com. All such requests must refer to the Contest and be received no later than six (6) months after the end of the Contest Period. These Official Rules will be posted on the Contest Site during the Contest Period and for two (2) weeks after that.