COSMETIC EXECUTIVE WOMEN (CEW) TERMS AND CONDITIONS

Beauty Awards

Each year, our members vote to award the Cosmetic Executive Women Beauty Awards (“CEW Beauty Awards”) to products that have been deemed the best in their cosmetic category. For each category, Cosmetic Executive Women (“CEW”) members select winners and CEW’s Beauty Awards Finalist Nominating Committee selects the finalists. By entering your company’s product (“Product”) into the CEW Beauty Awards competition and by clicking the “Accept” button below, you, on behalf of your company (if applicable) (“You”), agree to abide by the following terms and conditions (“Agreement”) concerning the CEW Beauty Awards:

Competition Entry Rules and Acknowledgements

You will complete CEW’s official entry form, pay all applicable entry fees and comply with all participation requirements, product guidelines, and any other additional terms and conditions for the CEW Beauty Awards provided by CEW via CEW.org. You understand that CEW is a not-for-profit organization of executives in the beauty industry, and that neither You nor any person acting on your behalf may, directly or indirectly, take any action in an attempt to persuade or otherwise cause any CEW member or member of the CEW Board of Governors to vote for Products entered by You or any other company or individual in the CEW Beauty Awards competition.

If selected as a CEW Beauty Awards finalist, a member of your team must attend the CEW Beauty Awards Lunch to be held in November.

You acknowledge that CEW shall have no liability whatsoever for any costs, damages or losses incurred by You in connection with any claims arising out of the CEW Beauty Awards competition, including claims by fellow competition registrants, finalists or winners.

CEW is not liable for any printing, typographical, electronic, technical or other error, act or omission that affects your eligibility for the CEW Beauty Awards.

CEW, in partnership with Circana, retains the right to determine a product’s eligibility and the category in which it competes. CEW’s decisions are final and binding.

CEW is not responsible for any typos, incorrect or outdated information provided by Registrant on the Entry Form, that is then used by CEW in additional materials.

Any award category with fewer than five entries will be dropped from the Awards and all applicable entry fees will be refunded. Entries dropped/withdrawn after the voting begins will not affect the viability of the category.

CEW may use an affiliate version of the product link provided, if the product is available through our affiliate partners. CEW may earn commissions through our affiliate marketing programs on products purchased through links to retailer sites in our content, but our reviews and recommendations are purely editorial.

CEW may modify or postpone the CEW Beauty Awards event at any time for any reason. Entry fees would be applied to the modified or postponed event.

If selected as a CEW Beauty Awards winner or finalist, You may state in promotions that You are a “CEW Beauty Award Winner” or “CEW Beauty Award Finalist” (as applicable) in marketing materials. You may not, however, use the CEW Beauty Award finalist or winner Seal, unless you are granted the right to do so by CEW in accordance with the terms of a separately executed license agreement as set forth more fully below. You also may not use CEW’s name or logo or the name of any CEW member, officer, or other representative in any other manner in any medium without CEW’s prior written consent. You acknowledge that a CEW Beauty Award does not constitute an endorsement by CEW or any of its members of any company, product or product claim and therefore You may not indicate, directly or indirectly, in advertising or by any other means in any medium, that CEW or its members endorse You, your company’s Products or any claims You make about your company’s Products.

License to Product Images

As part of the competition entry process, You will upload images of your Product(s) in accordance with instructions provided in the competition entry form and in the participation requirements page of CEW.org. You will also provide additional Product images if requested by CEW for use in connection with CEW Beauty Awards materials, including promotional materials and presentation materials for the CEW Beauty Awards lunch. You grant CEW a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to reproduce, distribute and publicly display your Product images in any media in connection with the CEW BeautyAwards competition and thereafter on CEW.org.

CEW Beauty Awards Seal

If your company’s product is selected as a finalist or winner of its category (“Selected Product”), then You may request from CEW to enter into a license agreement to grant You a limited, non-exclusive, non-transferable, royalty-free and revocable license to use the designated CEW Beauty Award finalist or winner seal (“Seal”) in the format we provide You, solely on marketing materials with respect to the Selected Product, including packaging, advertising, collateral materials, signage and Web sites, and the right to sublicense these rights solely to third-party agents whose services are necessary for the purposes identified in any such licensing agreement granting You rights to use the Seal. An Additional License Agreement, which CEW may, in its sole and absolute discretion, elect not to offer You, will be provided at time of purchase for an additional fee.

You further agree with respect to the applicable Seal that:

Representations, Covenants and Warranties

You represent, covenant and warrant that You (a) have the right to enter into this Agreement; (b) are the CEW Beauty Awards competition registrant about whom personal information is provided in the registration form; (c) have accurately identified yourself (and your company, if applicable); (d) have the right to grant CEW the license to your Product images described in this Agreement, and such Product images do not infringe any third-party copyright, trademark, right of privacy or publicity or any other applicable law, and the Product image files You upload do not contain any computer code or other malicious elements that will damage or disrupt CEW.org, its contents or computer software or hardware in any manner; (e) consent to enter into this Agreement electronically; and (f) intend the entry of your registration information and selection of the “I agree” button” to constitute your electronic signature, as defined in 15 U.S.C. §7001 et. seq., signifying that You intend to be bound by the terms of this Agreement.

Indemnification

You will indemnify, hold harmless,(and if requested, defend CEW, its affiliated entities, successors, assigns and its and their respective members, directors, officers, employees, agents and other CEW representatives (collectively, the “Indemnified Parties”) from and against any and all claims, suits, losses, damages, costs or expenses (including reasonable attorney’s fees) arising out of or in connection with any breach of your representations and warranties or any obligations under this Agreement, or that the Indemnified Parties may incur in connection with a third-party claim arising out of your company’s products and the manufacturing, labeling, advertisement, distribution or sale of your company’s products, (including but not limited to any product liability or personal injury claims).

General Provisions

This Agreement, which includes the participation requirements and product guidelines linked to from this Agreement, constitute the entire agreement between You and CEW relating to its subject matter and may not be modified except in an amendment signed by both parties. This Agreement and the rights and obligations of the parties under it are governed by and should be construed, and all disputes arising under or out of or relating to this Agreement should be resolved, in accordance with the laws of the State of New York applicable to agreements made and to be wholly performed within such State, except that any dispute regarding the use of electronic signatures to form this Agreement shall be determined pursuant to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§7001 et. seq.