Contest begins at 12:01 AM Pacific Time (“PT”) on September 3, 2018 and ends at 11:59 PM PT on December 20, 2018 (the “Contest Period”). Void where prohibited by law. Sponsor’s computer is the official time keeping device for this Contest. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. The prize (which includes a travel component) must be used and completed between February 2019 and November 2019.
This Contest is sponsored by Henkel Corporation, acting through its Schwarzkopf Professional division, located at 5800 Bristol Parkway, Suite 700, Culver City, California 90230 (“Sponsor”).
The Schwarzkopf Professional IGORA ROYAL Takeover (Lucid Nocturne) Contest (the “Contest”) is open only to professional hairdressers who are legal U.S. or Canadian residents residing in the fifty (50) United States and the District of Columbia or Canada who are at least eighteen (18) years of age or the age of majority in their respective states/jurisdictions of permanent residence at time of entry, whichever is older. Officers and directors of Sponsor, or its parents, subsidiaries, affiliates, representatives, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, and web masters (collectively, the “Contest Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winner. 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.
3. TO ENTER:
NO PURCHASE NECESSARY. During the Contest Period, go to www.igoraroyaltakeover.com (“Contest Website”) or www.instagram.com (using your personal Instagram account) and upload a collage or split-screen photo of a “nocturne” hair color look that you created, describe the inspiration for the look in the caption of the photo, and include the hashtags #LucidNocturneContest (or #LucidNocturnesContest) and #RoyalTakeover. If you enter via the Contest Website, you will also need to provide your name and email address. If you are an employee or consultant of, or are otherwise affiliated with, Sponsor, then in addition to the required hashtags ##LucidNocturneContest (or #LucidNocturnesContest) and #RoyalTakeover, you must also include the hashtag #IWorkForSchwarzkopf whether you enter via the Contest Website or Instagram.
Upon uploading a photo as described above and providing the required information, you will be entered with one (1) entry into the Contest. There is no limit on the number of entries per person, but each entry submitted must consist of a different look. To enter via Instagram, you must be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free. The potential winner is subject to verification before the prizes will be awarded.
Requirements for entry submissions:
ALL entry submissions:
MUST be the entrant’s original idea (modification of an original work is not an original idea). Entry submissions MUST NOT copy or otherwise plagiarize from any source.
MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.
MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, entry submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Entry submissions must not include commercial music.
MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third-party authorizations upon request.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
Please note: By entering in this Contest, you signify and agree that your entry (as is or as may be edited) and any other materials submitted in connection with this Contest may be posted on Sponsor’s website(s) and/or other social media sites or applications or in any other marketing materials created by Sponsor in a manner that is consistent with these Official Rules. Upon submitting an entry, you agree that Sponsor may contact you via e-mail, or via Instagram by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page.
By participating in this Contest, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Contest in any online social sharing interaction that references the Contest or is used to obtain entries in connection with this Contest. At a minimum, the hashtag #LucidNocturneContest (or #LucidNocturnesContest) or some other hashtag or disclosure that identifies the post as associated with the Contest entry should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.
In addition to the above disclosure requirement, entrants who are employed by Sponsor or are consultants or contractors for Sponsor must also clearly and conspicuously disclose that they are affiliated with Sponsor in any social sharing interaction that references the Contest. At a minimum, the hashtag “#IWorkForSchwarzkopf” should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant who is employed by or is otherwise affiliated with Sponsor and does not adequately disclose this affiliation while interacting with via social media sites during the Contest Period.
Entries that do not include the required hashtags, are not received or viewable by Sponsor, or are otherwise not in compliance with the Official Rules will not be eligible and will be disqualified. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities or any other method will void all of that entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address or Instagram account. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or posting will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the entry will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4. SELECTION OF WINNER:
On or about February 13, 2019, all eligible entries will be reviewed by a panel of three (3) judges, who will select the potential winner based on the following criterion: creativity (55%); craft (45%). The entrant whose entry receives the highest score from the judges will be selected as the potential winner. Odds of winning depend on number and calibre of entries received.
The potential winner will be notified by email or Instagram Direct Message within thirty (30) days of being selected. Winning a prize is contingent upon fulfilling all requirements set forth herein. The potential prize winner may be required to sign and return, within seven (7) days of being notified, a Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize. The potential prize winner may also be required to sign additional legal documentation (including without limitation tax reporting forms and/or other similar documentation) and releases. If the potential prize winner cannot be contacted in person via the methods set forth above after the first attempt to contact him/her, or if he/she fails to sign and return the Declaration of Eligibility, Liability & Publicity Release or any other required document (as applicable), or if the potential winner is unavailable to travel within any time period specified by Sponsor, or in the event that the potential prize winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and Sponsor will award the applicable prize to an alternate winner selected pursuant to the winner selection method described above. Only one (1) alternate winner selection will be made, after which any remaining prizes will remain un-awarded.
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
One (1) winner will win a trip to Hamburg, Germany. The prize includes the following: round trip economy class flights for winner to/from Hamburg and the airport nearest to the winner’s residence; lodging in Hamburg for three (3) nights in a double bed room; and the creation of a personal limited edition color shade mixture. This “new” shade will consist of a mixture of existing Igora Royal shades, it will be limited to 100 tubes, and the winner will be required to sign a contract agreeing that the tubes will be used for personal use only and will not be sold or provided as gifts to anyone else. Approximate Retail Value (“ARV”) of prize: US $2,500 or CAD $3,200 ARV of prize may vary depending on point of departure, travel dates and fare/rate fluctuations.
PRIZE RESTRICTIONS: Limit one (1) prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
The prize (including travel) must be used and completed between February 2019 and November 2019. Sponsor will, in its sole discretion, determine which airport is closest to the winner’s home. Travel subject to availability and blackout dates. Winner is responsible for obtaining all necessary travel documents and must have no impediment to entering Germany. Travel arrangements must be made through a third party provider selected by Sponsor and on an airline carrier of Sponsor’s choice. If required, winner must be available to travel on dates specified by Sponsor or risk forfeiting prize. Certain travel restrictions may apply. Winner is also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the prize winner’s transportation and such contracts shall be solely between the prize winner and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. No stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and winner will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Winner must comply with all lodging check-in requirements, including, but not limited to, the presentation of a payment card. Air transportation and lodging accommodations must be taken together and cannot be taken separately.
In the event winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send winner home with no further obligations or compensation whatsoever to winner (which may, in Sponsor’s sole discretion, result in such winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s). In the event winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
6. GENERAL CONDITIONS:
This Contest is governed by the laws of the United States. Void where prohibited by law and outside the United States and Canada. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST 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’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Contest, except as expressly set forth in these Official Rules. 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, the website, and/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. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize by winner. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) 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/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
7. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES:
BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT SPONSOR, INSTAGRAM, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/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 Submission. 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 Submission 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 Submission or any material based on or allegedly based on the Submission, 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
9. GOVERNING LAW:
For Quebec Residents Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
Subject only to the foregoing paragraph, the California courts (state and federal) shall have jurisdiction of any controversies regarding this Contest and the laws of California courts (as distinguished from the choice of law rules) shall govern the Contest. Each participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts. Except where prohibited, as a condition of participating in this Contest, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the Contest prize awarded, or the determination of a prize winner shall be resolved individually, without resort to any form of class action. Participant further agrees that 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 shall the Released Parties be liable for attorneys’ fees and in no event more than US $100.00. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, and participant further waives all rights to have damages multiplied or otherwise increased.
11. WINNERS LIST:
For a copy of the Official Rules or winner information (available after February 28, 2019), send an e-mail to email@example.com.
Copyright ©2018Henkel AG & Co. KGaA. All trademarks used herein are the property of their respective owners in the United States and abroad. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. All rights reserved.