It's hard to tell how far into the shell that goes. If it's into the shell at all, I would fail it for tech. If it's only cosmetic, its ok. If I was at the track actually teching it, I'd probably get a second opinion on it too............
per Barry's point it's hard to tell. keep in mind what is inside that helmet when you are out there zipping around - when it comes to helmets I don't take chances! Second opinion or a new helmet that fits tightly. If you do get a new helmet, take the pads out and fit the top of the helmet first, then the cheek pads. should be an even pressure the whole way around - if there are pressure points try another brand that fits better. make sure the helmet is very snug!