Rexall “NYX Cosmetics Giveaway” – Instagram Contest

Contest Rules

Rexall “NYX Cosmetics Giveaway” – Instagram Contest

1. Definitions

"Rexall®" means Rexall® Drugstore or Rexall®.

"Rexall® Parties" means Rexall®, its affiliates, contractors and all of their respective directors, officers and employees.

"Contest" means Rexall "NYX Cosmetics" – Instagram Contest

"Contest Opening Time" means:

Friday, August 23, 2019 at 9:00 a.m. ET for contest start.

"Contest Closing Time" means:

Friday, August 30, 2019 at 8:59 a.m. ET for contest end

"Contest Period" means the period of time between the Contest Opening Time and the Contest Closing Time.

"Employees" means employees, directors and/or officers of Rexall Pharmacy Group Ltd, Rexall® or any of its affiliates.

"Instagram" means the Instagram online photo and video sharing and social media website ("Instagram") operated by Instagram, LLC and found at https://www.instagram.com/.

"Rules" means these Contest Rules.

2. Entry Period & Contest Sponsors

The Contest is brought to you by the following entity (individually, the "Contest Sponsor"): Rexall;

The Contest entry period (the “Entry Period”) starts at 9:00:00AM on Friday, August 23, 2019 and continues until 8:59:59AM on Friday, August 30, 2019. All times referenced in these Official Rules are ET.

3. Entry Requirements

You may only participate once. The Contest will open on the Contest Opening Time in that contest week, and close on the Contest Closing Time in that contest week. The Contest will run during the Contest Period.

1. NO PURCHASE NECESSARY to enter this Contest. Entry is subject to these Official Rules, including without limitation the conditions of entry set forth below. A purchase will not increase your chance of winning.
2. There is one (1) way to enter and receive one (1) Contest entry:
   1. Instagram
      1. you must have a valid user account with Instagram
      2. you must be following Rexall's Instagram "@RexallDrugstoreOfficial" (http://www.instagram.com/rexalldrugstoreofficial)
      3. you must answer the question in the Instagram contest post by commenting for a chance to win one (1) “NYX Cosmetics” prize.
3. Any attempt or suspected attempt to enter this Contest in a fashion not authorized by these Official Rules shall be deemed to be tampering and will void all of your entries. Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these Official Rules, as determined in the Contest Sponsors’ absolute discretion, will be judged null and void and disqualified. Only entries received by Rexall will be considered. Proof of entry transmission shall not constitute proof of receipt. Rexall reserves the right to refuse any entry in its absolute discretion. The sole determinant of time for valid online entry in this Contest will be the Contest website’s server machine(s).
4. Although this Contest may be communicated, promoted, or administered by means of any third party social media or social networking service or site (each, a “Third Party Service”), entrants acknowledge that: (i) this Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; (ii) if entry into this Contest is by means of a Third Party Service, entrants must have a valid account with the applicable Third Party Service (and may be required to have a public (i.e. non-private) account in order to participate) and must comply with the applicable Third Party Service’s terms and policies; and (iii) any questions, comments or complaints regarding this Contest should be directed to the Contest Sponsors and not to any Third Party Service. By participating in this Contest, you completely release any Third Party Service of all liability in relation to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from your participation.

4. Conditions of Entry

By entering this Contest, you:

1. Agree to be bound by these Official Rules, including without limitation the eligibility requirements set forth below;
2. Agree to be bound by the decisions of the Contest Sponsors and their representatives, or the Contest judges (if any), which decisions are final, binding and conclusive (without appeal) on all matters relating to the Contest;
3. Represent and warrant that your entry, including any material comprising your entry including your name, email address, address, postal code or and all other personal information collected on the entry form (collectively, the "Entry Material") is original to you and you have the proper government identification to prove this if requested.
4. Understand and agree that: (i) your entry (including any Entry Material) may not be returned to you upon submission to the Contest and may be refused as entry to this Contest, as determined by Rexall in its sole discretion; and (ii) Rexall may, in its absolute discretion, moderate and/or remove and/or edit any Entry Material, including to blur out any trademarks or to remove any copyrighted content or otherwise unsuitable content (as determined by Rexall);
5. Waive all claims of moral rights in your entry and/or Entry Material and in any use thereof in accordance with these Official Rules.

5. Eligibility

1. This Contest is open only to residents in the provinces of Ontario, Manitoba, Alberta, Saskatchewan & British Columbia who have reached the age of majority in their province or territory of residence as of the date of entry.
2. The Contest Sponsors shall have the right at any time to require proof of identity and/or eligibility to enter the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied for the Contest must be truthful, complete, accurate and in no way misleading. The Contest Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

6. Random Drawing/Odds

There will be one (1) prize draw at random on August 30, 2019. The prize draw will be conducted from all eligible entries received that are eligible for that drawing. Odds of winning depend on the number of eligible entries received during the Contest period. Each entry is eligible for only one drawing. The prize draw will be conducted by 5:00 PM Eastern Time on the relevant drawing date, August 30, 2019.

1. The selected entrant will be notified by a message through Instagram’s “Direct Message” feature, requesting that the winner respond in the manner specified by sponsor. Sponsor will make reasonable attempts to notify potential winner by Instagram direct message within two (2) days of the draw date. In the event any potential winner does not respond to such notification within two (2) days, declines a prize for any reason, and/or does not meet the requirements set forth in these Official Rules, as determined by the Contest Sponsors in their absolute discretion, he/she will be disqualified, the prize will be forfeited and, in the Contest Sponsors’ discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries, or the Contest prize may be cancelled.
2. To be declared a winner, the potential winner must: (i) correctly answer (as determined in the absolute discretion of the Contest Sponsors) without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question; (ii) be in full compliance with these Official Rules; and, (iii) sign and return a mandatory declaration of release of liability and consent to publicity form (the “Release Form”) within the time period specified in the Declaration Form, and any other documentation as may reasonably be required by the Contest Sponsors in their absolute discretion.
3. The potential winner may be required to provide proof of identification to the Contest Sponsors and/or prize supplier(s), as applicable, when claiming a prize or otherwise in connection with this Contest to facilitate the accurate identification of a Contest winner.
4. Once confirmation of the contest winner is complete in accordance with the terms of these Official Rules, the Contest Sponsors and/or any prize suppliers will promptly coordinate prize distribution. Except as otherwise determined in the absolute discretion of the Contest Sponsors and/or prize supplier(s), as applicable, upon notification, a winner must personally take delivery of his/her prize from the office or location of the Contest Sponsors and/or prize supplier(s) (as selected by the Contest Sponsors in their reasonable discretion) within thirty (30) days of being notified that such prize is available or within such other time period as may reasonably be advised by the Contest Sponsors. If a winner fails to comply with the requirements set forth in these Official Rules, he/she will be deemed to have forfeited his/her prize.

7. Prize Description

There is one (1) “NYX Cosmetics” prize available to be won valued at approx. $333.73CDN. One prize will be sent out to the selected winner. Some restrictions may apply.

NYX Cosmetics Prize Details
Product Name	Retail Value
NYX PROFESSIONAL MAKEUP FILL & FLUFF EYEBROW OMADE PENCIL - BRUNETTE	$15.49
NYX PROFESSIONAL MAKEUP ON THE RISE VOLUME LIFTSCARA - BLACK	$13.99
NYX PROFESSIONAL MAKEUP BIG AND LOUD LASH PRIMER	$9.49
NYX PROFESSIONAL MAKEUP SWEET CHEEKS BLUSH (MATTE) - BANG BANG	$11.99
NYX PROFESSIONAL MAKEUP BARE WITH ME HYDRATING JELLY PRIMER	$24.99
NYX PROFESSIONAL MAKEUP FILLER INSTINCT PLUMPING LIP POLISH - LETS GLAZE	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - EMBELLISHMENT	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - PUSH-UP	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - CORSET	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - TEDDY	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - EXOTIC	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - SEDUCTION	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - FRENCH MAID	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - SILK INDULGENT	$11.99
NYX PROFESSIONAL MAKEUP LIP LINGERIE PUSH UP - AFTER HOURS	$11.99
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - LIFE'S A BEACH	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - CANNES	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - SOFT SPOKEN	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - KITTEN HEELS	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - CHERRY SKIES	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - FETISH	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - DAINTY DAZE	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - LAVENDER AND LACE	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - CLINGER	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - SWEET TOOTH	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - SPICY	$11.49
NYX PROFESSIONAL MAKEUP SUEDE MATTE LIPSTICK - COLD BREW	$11.49
Total Retail Value	$333.73

8. General Prize Conditions

The terms and conditions contained in this section apply to the Contest prize awarded pursuant to these Official Rules:

1. No financial compensation will be made or required if actual prize value is lower than the total value quoted in these Official Rules.
2. Prize must be accepted as awarded, without substitution, transfer, exchange or assignment, unless otherwise determined in the absolute discretion of the Contest Sponsors and/or prize supplier(s). Prize may not be exactly as advertised. Except as expressly warranted herein, prize is provided “as is” without further warranty of any kind.
3. Any unused portion of the prize, once awarded, will be deemed forfeited by the applicable winner, and no financial compensation will be made or required in respect of such unused portion. Prize will not be replaced if lost, destroyed, mutilated or stolen.
4. The Contest Sponsors and/or the prize supplier(s) reserve the right, in their absolute discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by the Contest Sponsors and/or the prize supplier(s) for any reason without liability.
5. Once awarded, prize may not be resold or commercially traded in any manner, directly or indirectly, and Rexall reserves the right to ban or disqualify any entrant from any contest, including future contests, should it reasonably believe such entrant to have acted or attempted to act in contravention of the foregoing restriction.

9. Release of Liability, Indemnity

By entering this Contest, you: (a) agree to remise, release and forever discharge the Contest Sponsors, their respective parent and affiliated companies, any and all other companies associated with the Contest (including suppliers of materials or services related to the Contest), and all of their respective employees, directors, officers, shareholders, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all actions, causes of action, suits, debts, dues, accounts, claims, damages or liability for any loss, harm, damages, costs or expenses, including, without limitation, costs or losses related to personal injuries, death, legal fees, damage to, loss or destruction of property, and rights of publicity, personality, privacy and/or intellectual property (each, a “Claim”) arising out of, or in any way related to, your participation in the Contest and/or the awarding, receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), or any travel or activity that is related to the receipt or use of any Contest prize; and (b) agree to indemnify and hold harmless each of the Releasees from and against any and all Claims arising from (i) your breach of these Official Rules, including the breach of any representations or warranties contained herein, (ii) your participation in the Contest, (iii) your acceptance, possession, use and/or misuse of any Contest prize (or any portion thereof), if applicable, or (iv) the use of any Entry Fields in accordance with the rights granted in these Official Rules.

10. Additional Terms.

In case of dispute as to the identity of any online entrants, entry will be declared made by the registered name and address on such entry. Any potential winners may be requested to provide Sponsor with proof of identity. Any attempted form of entry not expressly permitted by these Official Rules is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Contest.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Consent to Publicity

By accepting a Contest prize, if applicable, you authorize the Contest Sponsors and each of their respective licensees, successors, assigns, agents, representatives and employees the right, license and permission to record, photograph and/or otherwise capture or document you and/or your likeness, including without limitation your voice and any statements you may make regarding the Contest prize, by any available means, and to use any such recordings, photographs or documents, as well as your image and/or likeness appearing therein, and your biographical information, including your name, city and province/territory of residence, throughout the world and in perpetuity, in all manner and media, whether now known or hereafter devised, for advertising or promotional purposes relating to the Contest (or any substantially similar contest), without limitation and without compensation or additional consideration, notification, or permission of any kind, unless prohibited by law; and you waive any rights that you may have or that may otherwise exist in respect of any materials produced pursuant to the foregoing, including without limitation rights of inspection, approval, compensation, additional consideration or notification, and moral rights.

12. Privacy

By entering this Contest, you consent to Rexall’ collection and use of your personal information for purposes of administering this Contest in accordance with these Official Rules and selecting any Contest winner(s). All information collected by Rexall is subject to the Rexall Privacy Policy, available at https://www.rexall.ca/privacy-policy. If you are selected as a potential prize winner, you consent to Rexall’s disclosure of your personal information to any Contest prize provider(s) for purposes of prize fulfillment. You understand and agree that, should your personal information be provided to any prize provider, your information will be subject to that prize provider’s privacy policy and information handling standards and practices. Entrants may be given the option to receive commercial emails and/or other communications from the Contest Sponsors or other parties; however, eligibility to participate in the Contest is not dependent upon an entrant’s consent to receive any such emails or communications, and consenting to receiving such emails or communications will not impact an entrant’s chances of winning. Rexall will not send informational or marketing communications to entrants, unless entrants consent to receive such communications in accordance with applicable laws. Entrants may at any time opt out of receiving such materials by following the unsubscribe instructions provided in any of these communications. Please consult the Rexall’s Media Privacy Policy referenced above for further information on how Rexall collects, uses, and discloses personal information. You further acknowledge and agree that, where you enter a Contest by means of a Third Party Service, any personal information that you share with, or by means of, such Third Party Service may also be used by the applicable Third Party Service in accordance with its own privacy policy.

13. General

1. Laws and Rules. This Contest will be run in accordance with these Official Rules, which shall be subject to amendment by Rexall without notice or liability to you. You must comply with these Official Rules and will be deemed to have received and understood these Official Rules by participating or attempting to participate in this Contest. The terms of this Contest, as set out in these Official Rules, are not subject to amendment or counter-offer, except as set out herein. This Contest is subject to all applicable federal, provincial and municipal laws and regulations. These Official Rules are governed exclusively by the laws of the province or territory in which you reside, and you submit to the exclusive jurisdiction of the courts of such province or territory. Rights and remedies may vary by province or territory.
2. Cancel and Amend. Rexall reserves the right to cancel, modify, or suspend this Contest or to amend these Official Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, bug, corruption, security breach or other cause beyond the reasonable control of the Contest Sponsors, Rexall reserves the right to cancel or suspend the Contest and/or conduct a random draw from all previously received eligible entries.
3. Conduct. The Contest Sponsors reserve the right, in their absolute discretion, to disqualify without notice, and/or ban from this Contest and any future contests, any entrant that they find to be: violating these Official Rules; tampering or attempting to tamper with the entry process or the operation of the Contest or any Contest website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of the Contest. Any attempt by an entrant or any other individual to undermine the legitimate operation of this Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
4. Rexall® is a member of the Rexall Pharmacy Group Ltd, which is a wholly owned subsidiary of McKesson Corporation.
5. Instagram. This contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.