OGX® SONG CONTEST OFFICIAL RULES

OGX® SONG CONTEST OFFICIAL RULES

The OGX Song Contest (“Contest”) begins on October 29, 2024 at 7:00:01 PM Eastern Time (“ET”) and ends on November 4, 2024 at 11:59:59 PM ET (“Promotion Period”). The OGX® Remix Contest (“Contest”) is sponsored by Vogue International LLC (“Sponsor”), 199 Grandview Road, Skillman, NJ 08558 and is administered by They Have The Range, 2948 Gohn Drive, Willow Grove, PA, 19090. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH BYTEDANCE LTD. D/B/A TIKTOK OR META PLATFORMS, INC. D/B/A INSTAGRAM.

PLEASE NOTE THAT BY ENTERING IN THIS CONTEST, YOU SIGNIFY, CONSENT, AND AGREE THAT SPONSOR MAY SHARE YOUR ENTRY ON THE OGX WEBSITE AND SOCIAL CHANNELS AND OTHERWISE USE THE ENTRY AS SET FORTH BELOW.

1. CONTEST PERIOD: Entry into the Contest begins on October 29, 2024 at 7:00:00 PM ET and ends on November 4, 2024 at 11:59:59 PM ET (“Contest Entry Period”). Judging will take place on or about November 5, 2024 to November 10, 2024, and the social media voting will take place on or about November 11, 2024 7:00:00 PM ET to November 12, 2024 11:59:59 PM ET (“Voting Period”). All Entries must be received by the end date and time of the Contest Entry Period. The Contest Entry Period and the Voting Period will be collectively the “Contest Period.” The Administrator’s computer is the official time keeping device for this Contest.

2. ELIGIBILITY: This Contest is open only to: (a) legal U.S. residents, Puerto Rico and other U.S. territories and possessions) and (b) who are at least eighteen (18) years old or age of majority in his/her state of residency, whichever is older at the time of entry and (c) who are not under any contractual obligation that would conflict with this Contest or the Official Rules, including but not limited to obligations under professional guild obligations, or talent agent or talent management agreements. Entry to the contest is free. Employees of Sponsor, Arnold New York LLC, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Contest Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All applicable federal, state, and local laws apply. Void in Puerto Rico and other U.S. territories and possessions and where prohibited or restricted by law.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest. For purposes of the Contest, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted. After Entrant has submitted their entry, s/he will not be allowed to change their physical address or e-mail address.

3. HOW TO ENTER THE CONTEST: You must have either an Instagram or TikTok account to enter. If you do not have an Instagram or TikTok account, establishing an account is free.

All Instagram and TikTok terms apply. Your Instagram or TikTok account must be set to “public” in order for your entry to be eligible. You can return your account to “private” any time after the winners have been announced.

During the Contest Entry Period, enter the Contest by (collectively, an “Entry”):

A. Following @ogx_beauty on Instagram or @ogxbeauty on TikTok;

B. Using this sound on your video submission: "OGX Anthem (Instrumental)" by OGX Beauty. Note, the “OGX Anthem (Instrumental)” by OGX Beauty (the “Sound Track”) can be found by searching for the track title in the Instagram and TikTok sound libraries;

C. Posting to your personal Instagram or TikTok feed/page with a video of you singing up to thirty five (35) seconds to the Sound Track using the intro, chorus, and verse from the official “OGX Anthem” sung by Demi Lovato (“Demi Lyrics”); and

D. Tag the official Instagram or TikTok OGX® account: @ogx_beauty on Instagram; @ogxbeauty on TikTok Hashtags: #OGXSongContest #OGwho #OGX.

Entry must comply with all requirements set forth in these Official Rules to be eligible, including all above Entry requirements. Limit one (1) Entry per person, regardless of method of entry. Multiple Entries from any entrant will be void. Only for the purpose of creating an Entry for this Contest, entrants are being granted a limited, revocable license to use the Sound Track and Demi Lyrics (collectively, “Contest IP”). Any other use of Contest IP or the Entry created using the Contest IP is strictly prohibited and Entry can be used for no other purpose other than entry into the Contest. Entrants understand that Sponsor can ask entrant to remove an Entry from their profile for any reason and at any time.

ENTRY SUBMISSION CONTENT GUIDELINES: Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any third party, person or entity. As determined by the Sponsor, in its sole discretion, all Entries:

MUST NOT discuss personal medical conditions or other health information that you don’t want to be public – Entries may be re-posted by OGX channels;
MUST NOT discuss or disclose personal information regarding an individual other than the entrant, or otherwise invade privacy rights of any person;
MUST NOT provide or refer to any medical advice;
MUST NOT include any personal identification, such as street address, e-mail address or phone number;
MUST NOT include names, voices, visuals of any third parties, including, but not limited to, minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness, or include public or private figure look-alikes;
MUST NOT be obscene, sexually explicit, or suggestive; be unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; be profane or pornographic; endorse a hate group or contain nudity;
MUST NOT promote alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; promote any particular political agenda or message;
MUST NOT defame, misrepresent or contain disparaging remarks about Sponsor, its products or services, or other people or companies;
MUST NOT contain prominent use of trademarks, logos, or trade dress owned by others, without permission, such as include clothing with visible logos, cartoons, or phrases, distinctive packaging, or building exteriors/interiors, to the extent permission is necessary;
MUST NOT plagiarize content from any source or contain copyrighted materials owned by others (including music, photographs, sculptures, paintings, literature, performances and other content or works of art or images published, broadcast, or streamed on or in websites, television, movies or other media);
MUST NOT communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and
MUST NOT violate any law.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS CONTEST ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS CONTEST.

4. PUBLICITY GRANT AND LICENSE/USE OF ENTRIES: By submitting an Entry, each entrant waives all moral rights in and to the Entry and grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the Entry and all elements of such Entry (including the video and vocals), together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, but not limited to, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Entrant agrees that, if required by Sponsor, he/she will sign documents to this effect. Content Entities are not responsible for any unauthorized use of entries by third parties. Sponsor has no obligation to make use of the rights granted herein.

Each entrant warrants and represents that their Entry complies with these Official Rules. Contest Entities reserve the right in their sole and unfettered discretion to disqualify any Entry that they determine is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.

5. WINNER DETERMINATION:

A. Judging Period. Following the conclusion of the Contest Entry Period, all eligible entries received will be judged in a two-step process by a panel of qualified judges consisting of They Have the Range and Sponsor (the “Panel”); and @thetheyhavetherange Instagram and @ogx_beauty Instagram and @ogxbeauty via TikTok social media voting audiences (the “social media voters”).

B. Judging Criteria. The judging criteria will be based on the following equally weighted two (2) step judging process:

Step 1 – In the first judging process, the Panel will score each eligible Entry based on (1) Vocal skill/difficulty which will be rated 60%, (2) Originality which will be rated 15%, and

(3) Performance personality/enthusiasm which will be rated 25% (the “Criteria”). Up to four (4) finalists (“finalists”) will be selected by the Panel, and the finalists’ video submissions will be posted by @thetheyhavetherange Instagram, @ogx_beauty via Instagram and @ogxbeauty via TikTok. The Panel’s score from this step will count as 90% towards the determining final scores. The judging process will take place on or about November 5, 2024 to November 10, 2024.

Step 2 – The social media voters will be invited to cast one (1) vote for their favorite vocal performance of the OGX Anthem Remix of the four (4) finalists selected by the Panel in Step 1. The social media voters vote will count 10% towards the determining final scores. The social media voting process will take place on or about November 11, 2024 to November 12, 2024.

The one (1) finalist with the highest combined collaborative judging and social media scores will be deemed a potential winner. Limit one (1) vote per person for the duration of the Voting Period. Multiple votes received from any account will not be permitted. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process as determined by Sponsor in its sole discretion may be void. Votes obtained by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, payment for votes or offering to trade votes, as determined by Sponsor, in its sole discretion, may result in those votes being void.

C. Tie-Breaker. In the event of a voting tie between two or more Entries, a tie-breaker judge from the OGX Brand Team, will judge all tied entries using the Criteria to determine the finalist(s) and/or winner(s).

Further proof or verification of identity and qualifications may be required, along with a background check, of potential winner. Such background check may include, without limitation, civil and criminal court records and police reports. Potential winner agrees to such check and agrees to provide full written consent if required. Failure to comply with any of the forgoing may result in disqualification. In addition, Sponsor reserves the right (at any point and in its sole discretion) to disqualify the winner if, based on the results of the background check, Sponsor concludes that such winner will not be a good representative for Sponsor.

Sponsor reserves the right to select fewer than four (4) finalists and/or to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. All decisions of the Sponsor, Panel and tie-breaker judge are final and binding. Sponsor will not reveal the judging scores for any entry.

6. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”):

There will be one (1) Contest winner. One (1) prize will be awarded to the Contest winner as follows:

A. The Contest winner will receive Five Thousand Dollars ($5,000.00) in the form of a check.

All prize awards are subject to Sections 7 and 8 hereinbelow. There is a limit of one (1) prize for the winner. The winner is solely responsible for any federal, state and local taxes as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. The winner may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize of comparable or greater value. The prize is not redeemable for cash. The prize is awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Contest Entities shall not be held responsible for any delays in awarding the prize for any reason.

7. WINNER NOTIFICATION AND REQUIREMENTS:

Following the conclusion of the Voting Period, Sponsor will notify the potential winner via direct message on social media platform used for entry. Before being declared a winner, the potential winner will be required to execute an Affidavit (or Declaration) of Eligibility/Liability & Publicity Release (unless prohibited) and tax acknowledgment (“Winner Documents”) within the deadline stated in the notification. If any potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or fails to return executed Winner Documents within the deadline stated, the prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to a runner-up, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.

Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered messages, including without limitation messages that are not received because of a winner’s privacy or other settings.

8. ADDITIONAL PRIZE CONDITIONS AND RESTRICTIONS:

Winner shall be required to comply with all rules and regulations of Sponsor’s and Administrator’s vendors. Failure to do so may result in disqualification.

RELEASED PARTIES (AS DEFINED BELOW) SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

9. GENERAL CONDITIONS:

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any platform, or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) cancel or terminate the Contest (or any portion thereof); (b) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and (c) award the prizes from among the eligible, non- suspect Entries received up to the time of the impairment using the judging procedure set forth above or as otherwise deemed fair and appropriate by Sponsor.

10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:

Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entries or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entries. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entries or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entries or any material based on or allegedly based on the Entries, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

11. RELEASE AND LIMITATIONS OF LIABILITY:

By participating in this Contest, entrants agree that the Contest Entities, Meta Platforms Inc. (D/B/A Instagram) and ByteDance Ltd. (D/B/A TikTok) and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, inaccurate, delayed, garbled, misdirected, postage due or undeliverable posts, votes, registrations, e-mail, postal mail or other communications of any kind; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing, network, human, computer or typographical or other error 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 tabulation of votes, the announcement of the prizes or in any Contest-related materials; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Contest Entities are not responsible for any unanswered or undeliverable winner notifications.

By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest- related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

12. DISPUTES:

Except where prohibited, entrant agrees 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, and exclusively by the federal or state courts in the State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

13. PRIVACY:

Any information collected from entrants is subject to Sponsor’s Privacy Policy, which can be found at https://www.kenvue.com/privacy-policy/us. By submitting your information, you agree to the OGX’s Financial Incentive Notice . You understand that you are providing such information to Sponsor.

14. WINNERS LIST:

For a winners list, send a self-addressed, stamped envelope for receipt to: Vogue International LLC, c/o OGX Brand Team, 199 Grandview Road, Skillman, NJ 08558, by no later than 30 days after the end of the Contest Period.