Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the website located at povbeauty.com (the “Site”), and your purchase of cosmetic goods offered for sale by POV Beauty (“POV”) on the Site. To make these Terms easier to read, the cosmetic goods offered for sale by POV are called the “Products”, and the Site and other interactive features or services, including our e-commerce platform services therein are collectively called the “Services.” These Terms govern your purchase of Products and your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND POV THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

By using our website, you agree to these terms and conditions. If you do not agree with any part of these terms, please do not use our website.

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Certain Products, services, promotions, or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.

While some aspects of the Services are provided to all users, for other aspects such as the ability to create an account or use social features, you must be at least 13 years of age.

Delivery of Products to addresses outside the U.S. may not be available for all items or to all addresses. We reserve the right to limit availability of, and/or to discontinue, any Product, Services, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any Product, Services, or other feature that we provide.

For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all Product purchases and any other financial transactions. It’s your sole responsibility to protect your password from unauthorized use.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Products and Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

The following terms apply to your purchase of the Products.

1. Product Descriptions. We try to make the Services and the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Services may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. For example, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct errors (whether by changing information on the Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Subject to applicable law, all Products descriptions are subject to change at any time without notice, in our sole discretion. Any offer for any Product made via our Services is void where prohibited.

2. Availability and Pricing. POV reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. We reserve the right to discontinue any Product at any time. Products offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an order and you are responsible for paying such charges and taxes to POV. 

3. Purchasing Products. We have the right to refuse or limit any orders or quantities, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. We will not be liable if a Product is unavailable or if shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order. 

4. Shipping and Returns. All Products purchases via our Services are also governed by our shipping, return, and exchange policies located at (“Shipping and Returns Policies”) which are incorporated into these Terms by reference. Please review all Shipping and Returns Policies before purchasing a Product from or entering into any such purchase transaction with POV. Any Products purchased through an unauthorized vendor cannot be returned or exchanged.

5. Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Services for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

6. Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please email us at helpdesk@povbeauty.com. Any refunds or replacements are made solely in our discretion.

1. Transaction Authorization. When you make a purchase via the Services for the Products (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges that your bank or other financial service provider may levy on you). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

2. Payment. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (i) you providing complete personal, account, transaction and any other information needed, (ii) authorization of the payment by your credit or debit card company, and (iii) acceptance of your payment.

3. Cancellation.  Except as expressly provided in these Terms, all orders are non- cancelable; we may grant or deny cancellation requests for individual orders in our sole and absolute discretion. We may also, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if your payment method is declined; (iv) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; (v) failure to cooperate in an investigation or provide additional information when requested; or (vi) any other circumstances we deem appropriate in its sole discretion

4. Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

5. Promotional Codes. POV may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotional code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by POV at any time in its sole discretion.

1. Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. POV does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to POV a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services, and for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered, including all media now known or hereafter devised. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that POV and its sub-licensees are allowed to use them to the extent indicated in these Terms.

3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by POV on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

5. POV’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

You agree not to do any of the following:

1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

2. Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, POV’s name, any POV trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without POV’s express written consent;

3. Access, tamper with, or use non-public areas of the Services, POV’s computer systems, or the technical delivery systems of POV’s providers;

4. Attempt to probe, scan or test the vulnerability of any POV system or network or breach any security or authentication measures;

5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by POV or any of POV’s providers or any other third party (including another user) to protect the Services;

6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by POV or other generally available third-party web browsers;

7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

8. Use any meta tags or other hidden text or metadata utilizing a POV trademark, logo URL or product name without POV’s express written consent;

9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

13. Impersonate or misrepresent your affiliation with any person or entity;

14. Violate any applicable law or regulation; or

15. Encourage or enable any other individual to do any of the foregoing.

POV is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Services and POV bears no responsibility for your interactions with other users of the Services. Further, POV is not party to any disputes between you and other users.

The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

You may provide reviews for our Services and the Products offered therein. The reviews are prompted from and managed by an external service named YotPo. If you decide to use the YotPo review tool, you agree to the Yotpo terms and conditions located at https://www.yotpo.com/terms-of-service/. You further represent to us and YotPo that your use of the review tool, and any submissions you make are honest, personally made by you, are for non-commercial purposes only, and do not infringe or violate any applicable third party rights, rules, laws, or regulations. We have no control over such reviews. Please note that although we do monitor reviews of our Services and Products, we do not endorse any such review, nor can we verify the accuracy or authenticity of any reviews.

You agree that your User Content will comply with: (i) the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (found at: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements testimonials/091005revisedendorsementguides.pdf); (ii) the FTC’s Disclosures Guide (found at:https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf); and (iii) the FTC’s Native Advertising Guidelines (https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses); and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law.

For example, if you have been paid or provided with free Products in exchange for discussing or promoting a Product or service through the Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not POV, are solely responsible for any endorsements or testimonials you make regarding any Product or service through the Services.  

We may suspend or terminate your access to and use of the Services, including cancelling any order for Products, suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at helpdesk@povbeauty.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4, 6, 7(b), 7(d), 8(a) (only for payments due and owing to POV prior to the termination), 8(b), 8(d), 9(b), 9(c), 9(e), 10, 12, 16, 17, 18, 19, 20, 21 and 22. 

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

You will indemnify and hold POV and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your purchase of, access to or use of the Products or Services, (b) your User Content, or (c) your violation of these Terms.

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER POV NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POV OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL POV’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO POV FOR USE OF THE SERVICES AND PURCHASE OF PRODUCTS OR ONE HUNDRED DOLLARS ($100) OR THE PRICE THAT YOU HAVE PAID FOR PRODUCTS, WHICHEVER IS GREATER.

3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POV AND YOU.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 21 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and POV are not required to arbitrate will be the state and federal courts located in New York County, New York, and you and POV each waive any objection to jurisdiction and venue in such courts.

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products and Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and POV agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and POV are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

2. Exceptions. As limited exceptions to Section 21(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

5. Injunctive and Declaratory Relief. Except as provided in Section 21(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

6. Class Action Waiver. YOU AND POVAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

7. Severability. With the exception of any of the provisions in Section 21(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

1. Reservation of Rights. POV and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Products and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, packaged with or on, or accompanying the Products and Services.

2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between POV and you regarding the Products and Services, and these Terms supersede and replace all prior oral or written understandings or agreements between POV and you regarding the Products and Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without POV’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. POV may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

3. Notices. Any notices or other communications provided by POV under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

4. Waiver of Rights. POV’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of POV. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR WHERE RESTRICTED BY LAW.

1. Sponsor

This contest (“Contest”) is sponsored by POV Beauty (“Sponsor”). Sephora SA (“Sephora”) is a promotional partner providing prize fulfillment, as further specified in Section 6 (Prizes). By entering or participating in the Contest, you accept and agree to be bound by these “Official Rules.”

2. Eligibility

Contest is open to legal residents of the fifty (50) United States and District of Columbia, who are 18 years of age or older at the time of entry (or age of majority in their jurisdiction of residence, whichever is older). Entrants under the age of 18 must have permission from their parents or legal guardians to participate. Employees of Sponsor, its parent, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest. Winners must be able to travel to New York City on September 16, 2025.

3. Contest Period

Entries must be posted between August 28, 2025 and September 9, 2025 at 11:59pm PT.

4. How to Enter

To enter:

• Create and post a TikTok video or photo carousel featuring your favorite POV Beauty skincare product (a “Submission”) and share your “point of view.”
• Follow and tag @pointofviewbeauty and @sephora.
• Include the official campaign hashtag: #povbeautyxsephora
• Ensure your TikTok profile is public for the duration of the Contest.

Limit one (1) entry per person per email address is permitted. Any attempt to submit multiple entries or entries using bots/fake accounts will result in disqualification.

By entering, you represent and warrant that the Submission: (i) is your original creation and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy (“Intellectual Property Rights”), or violate any applicable law or regulation; (ii) has not been previously awarded a prize or award during any other contest or promotion sponsored by Sponsor or any third party; and (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent and does not describe illegal or otherwise inappropriate or dangerous behavior.

If a Submission does not meet the criteria described in these Official Rules, Sponsor may disqualify and discard the Submission at any time. By entering a Submission, you acknowledge that Sponsor may obtain other Submissions that are similar or identical in theme, format or other respects to that submitted by you. You acknowledge that Sponsor does not waive any rights to use ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than you, which may be similar to your Submission. You also agree that Submissions may or may not be posted on the Sponsor’s website, in Sponsor’s sole discretion. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties.

5. Winner Selection

A panel of judges, experts in the fields of marketing and media advertising and selected by Sponsor, will evaluate eligible entries based on the following criteria:

• Creativity (25%)
• Originality (25%)
• Storytelling (25%)
• Product Integration (25%)

Fifty (50) winners will be chosen based on the highest overall scores. The decisions of the judges will be final. Sponsor reserves the right to disqualify entries that do not meet entry requirements or judging criteria.

6. Prizes

Each winner will receive:

• A Sephora gift card, provided directly by Sephora at the Sephora store location given upon arrival. (Approximate Retail Value (“ARV”) $1,000).
• An invitation to attend a private shopping spree with Mikayla at Sephora Times Square, New York City, on September 16, 2025 at 8:00am ET (ARV $1,000).

ARV of each prize: $1,000. Total prize pool: $50,000.

Prize Restrictions:

• Prize is for winner only (no plus ones).
• Sponsor will be responsible for arranging trip package related reservations, and retains the right to exercise discretion (including, without limitation, choice of airline, hotel and travel dates) and its decisions will be final. All travel and accommodations are subject to availability, change and restrictions. Travel, transportation, meals, and accommodations are not included and are the sole responsibility of the winner. Failure to obtain required travel documents by winner may result in forfeiture of the prize.
• Government-issued photo ID required for entry at event.
• Prize is non-transferable and no substitution will be made except at Sephora’s sole discretion.
• The ARV for each of the prizes are estimates made before the Contest begins. Any difference between an ARV and the actual cost of a prize will not be awarded.
• Prize fulfillment, distribution, and all liability related to prizes rests solely with Sephora. Sponsor is not responsible for prize fulfillment, distribution, or any other prize-related obligations. Prizes are provided as-is, without any warranty, representation or guarantee relative to the use or enjoyment of the prizes.

7. Winner Notification

Potential winners will be notified via TikTok DM from the verified @pointofviewbeauty account on or about September 10, 2025. Winners must respond within 48 hours with required information (full name, email, valid government-issued ID confirmation). If a winner does not respond in time, an alternate winner may be selected.

8. Conditions of Participation

By entering, participants agree to:

• Comply with these Official Rules.
• Allow Sponsor the right to use entry content, including your Submission, and all Intellectual Property Rights therein, for promotional purposes in any media, worldwide, without additional compensation, unless prohibited by law.
• Release and hold harmless Sponsor, Sephora, TikTok, and their respective affiliates, officers, employees, and agents from any and all actions, claims, injury, loss or damage arising out of participation in this Contest or any Contest-related activity or travel, and/or prize acceptance, receipt, possession or use/misuse of a prize, including without limitation, any injury, damage, death, illness, loss, or accident to/of persons or property.

This Contest is not sponsored, endorsed, administered by, or associated with, TikTok. By entering, you understand you are providing your information to Sponsor, not TikTok.

9. General Conditions

Sponsor reserves the right to cancel, suspend, or modify the Contest at any time, in whole or in part, if fraud, technical failures, or other factors impair the administration, security, fairness, integrity, or proper conduct of the Contest, or the Contest is not capable of running as planned by reason of the occurrence of any event beyond its control including but not limited to fire, flood, epidemic, earthquake, or act of God. Decisions of Sponsor are final in all matters relating to this Contest. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion.

Sephora is solely responsible for the fulfillment and delivery of prizes. POV Beauty disclaims any liability related to prize fulfillment, distribution, or any other prize-related obligations.

10. Limitation of Liability

1. BY ENTERING THE CONTEST, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), AND IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
2. Sponsor, Sephora, TikTok, and their respective affiliates, officers, employees, and agents are not responsible and/or liable for: (i) Submissions that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or Submissions in excess of any stated limit, (ii) any late, incomplete, unintelligible, or misdirected Submission, email, mail, or Contest-related correspondence or materials; (iii) any error, omission, interruption, defect or delay in transmission or communication; (iv) viruses or technical or mechanical malfunctions; (v) interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, (vi) any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; (vii) lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information; (viii) any human or mechanical interference in the administration of the Contest or the processing of entries, or (ix) electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind or insufficient space in a potential winner’s email or voicemail inbox, or if entrant’s email address or other contact information does not work or is changed without prior written notice to Sponsor that is acknowledged by Sponsor in writing. 

11. Governing Law

This Contest is governed by the laws of the State of New York, without regard to conflicts of law principles.

12. Publicity.

Except where prohibited, by participating in the Contest, the winner consents to the use of their name, photo and/or likeness, biographical information, Submission and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, Sponsor’s official social media accounts, without additional compensation.

13. Use of Data

Sponsor will be collecting personal data about entrants in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://povbeauty.com/pages/data-sharing-opt-out.

If you have any questions about these Terms or the Services, please contact POV at helpdesk@povbeauty.com.