Clairol Professional #NoGrayZone Contest
NOTICE TO ONLINE ENTRANTS
In the event of a dispute over the identity of an online entrant, submission will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of submission. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Submission materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor (defined below) is not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of submission if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and to select winners from among all eligible entries received prior to withdrawal.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER. VOID IN AK AND HI, AND WHERE PROHIBITED.
PROMOTION ELIGIBILITY: The Clairol Professional #NoGrayZone Contest (the “Promotion,” or the “Contest”) is open to persons who are at least twenty-one (21) years of age at the time of submission and legal residents of the 48 Contiguous United States and the District of Columbia only. Void in Alaska and Hawaii, and where prohibited by law. Entrants must have an active Instagram account with access to an iOS or Android smartphone with data plan, e-mail account, and Internet access. Employees of ESSENCE Communications Inc. (the "Sponsor"), Proctor & Gamble, and their subsidiaries, affiliates, parent companies, sales representatives, distributors, advertising and promotion agencies and members of each of their immediate families (spouses, parents, grandparents, children, siblings and their respective spouses) and those living in the same household of each are not eligible. Participation in the Contest constitutes Entrant's full and unconditional agreement to and acceptance of the terms and conditions described herein ("Official Rules"). The Official Rules can be found at essence.com/nograyzone (the “Microsite”).
PROMOTION DESCRIPTION/TIMING: The Clairol Professional #NoGrayZone Contest begins at 12:00:01 AM Eastern Time (“ET”) on Friday, February 13, 2015 and ends at 11:59:59 PM ET on Saturday, February 28, 2015 (the “Contest Submission Period”). To participate, during the Contest Submission Period, take a photo of yourself including your hair (the “Selfie”) and submit it as outlined below in the HOW TO ENTER SECTION. A panel of Judges, appointed by the Sponsor, will determine the Grand Prize Winner. The Grand Prize Winner will be announced on or about Wednesday, March 11, 2015.
Contest Submission Period
Prize Winner Announcement
02/13/15 at 12:00:01 AM ET to 02/28/15 at 11:59:59 PM ET
03/01/15 at 12:00:01 PM EDT to 03/04/15 at 11:59:59 PM EDT
On or about 03/11/15
By participating in the Contest, each Entrant (the “Entrant”) unconditionally accepts and agrees to comply with, and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
*IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN CONTEST. INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR IPHONE FROM APPLE APP STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE. WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.
SUBMISSION REQUIREMENTS: The Clairol Professional #NoGrayZone Contest is a photo contest.
· Entrants are required to upload an appropriate Photo using the Instagram application on an iOS or Android mobile device.
· Photo must be in color and taken during Contest Submission Period.
· Photo must show Entrant’s face and hair.
· Photo caption must include #NoGrayZone hashtag.
· Once a photo has been submitted, it cannot be modified by Entrant.
SUBMISSIONS: Submission of an Entry to the Contest does not indicate the Entry has complied with the Official Rules. The Sponsor and judges will review all Submissions and reserve the right in their sole and absolute discretion to reject, disqualify and/or remove any Entry (along with the Entrants’ who submitted them) that violates these Official Rules or is otherwise inappropriate without any notification or warning.
By submitting an Entry, the Entrant understands and grants to the Sponsor permission for his/her Entry and other Entrant information to be posted on ESSENCE.com throughout the world for viewing by visitors to the website and used in accordance with the Official Rules.
All Entries must comply with the following minimum guidelines to be eligible:
· Photo must be original and owned by Entrant.
· No duplicate Photos may be submitted.
· Photo must be taken by oneself and cannot be taken by a third-party photographer.
· Photo cannot contain images that are irrelevant to the purpose of the Contest.
· Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
· Photo cannot promote alcohol, illegal drugs or tobacco.
· Photo cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.
· Photo cannot defame, misrepresent or contain disparaging remarks about people or companies.
· Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
· Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
· Photo cannot depict illegal activity and cannot itself be in violation of any law.
· Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
By submitting an Entry, Entrant warrants and represents that: (a) Photo does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from a third party whose photograph is being used in the Entry; (c) Entrant owns all rights to the Entry, including without limitation, copyrights; (d) publication of the Entry via various media, including posting on the Websites, will not infringe on any third-party rights; and (e) Entrant will indemnify and hold harmless the Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of Entrant’s representations and warranties herein, the Submission, or Entrants conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
By submitting an Entry, Entrant warrants and represents that he/she and any other persons appearing or who are otherwise identifiable in the Entry consents to the submission and the use of the Entry. By participating, Entrant grants Sponsor permission to use his/her name, hometown, photograph or image for future advertising and publicity purposes in any and all media without additional compensation, notification or permission. Sponsor reserves the right in their sole and absolute discretion to alter, change or modify any Entry, which includes the Photo. Entries made by any other individual or entity that is not the person named on the submitted Submission or made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest.
Entries are subject to all notices posted online including but not limited to Sponsor & ESSENCE Communication, Inc.’s privacy policies. No responsibility is assumed for lost, late, misdirected, incomplete, incorrect, garbled, stolen, damaged, altered, delayed or illegible entries. All Entry materials submitted become property of the Sponsor and will not be returned or acknowledged.
JUDGING: All Eligible Entries will be judged by a panel of independent judges (the “Judges”) appointed by the Sponsor, who shall use criteria set forth below to determine the Grand Prize winner. The Eligible Entries will be graded based on the following pre-determined set of criteria:
A. Creativity: 50%
B. Uniqueness: 50%
The Entry receiving the highest score will be declared the potential Grand Prize winner (pending verification). In the unlikely event of a tie in determining the Grand Prize winner, the tied Entries will be judged by a separate panel of judges to be determined by Sponsor using the Judging process as outlined above.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”):
Prize/Approximate Retail Value of All Prizes ("ARV"): $2,000.00
Grand Prize: One (1) Grand Prize winner will receive a trip for one (1) to Los Angeles, California for a makeover by celebrity hairstylist Kiyah Wright using Clairol Professional Products. Actual value of trip depends on location of winner’s primary residence, fares at time of travel and land accommodations. If actual value of the trip is lower than ARV stated herein, the difference will not be awarded.
The Grand Prize consists of the following:
· Round trip coach airfare for Grand Prize winner to/from the closest commercial airport nearest to winner’s primary residence to Los Angeles (or ground transportation if Grand Prize winner resides within a 100 mile radius of Los Angeles).
· Single-occupancy standard hotel accommodations for one (1) night/two (2) days (selection of hotel is at the Sponsor’s sole discretion).
· Ground transportation to/from airport while in Los Angeles.
· Ground transportation to/from hotel and makeover location.
· Makeover (for Grand Prize winner only) by celebrity stylist Kiyah Wright.
The approximate travel dates are anticipated to occur between March 15, 2015 and April 30, 2015 but are subject to change in Sponsor’s sole discretion.
Total ARV of Grand Prize: $2,000.00.
If the Grand Prize winner is unable to participate in the Grand Prize trip during the dates set forth by Sponsor, the Grand Prize will be forfeited in its entirety and Sponsor will have no further obligations to the Grand Prize winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize may be awarded to the Eligible Entrant who received the next highest score. Nothing set forth herein shall be construed to hold the Event at any particular time, or at all. In the event that the Event listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the Grand Prize winner will receive the remaining components of the Grand Prize, which shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner, and no other or additional compensation will be awarded. In the event the Grand Prize winner engages in behavior that, as determined by Sponsor in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Event experience early, in whole or in part, and send the Grand Prize winner home with no further compensation.
The potential Grand Prize winner will be notified via email and/or phone and be requested to confirm acceptance of the prize within seventy-two (72) hours of notification. The potential Grand Prize winner will also be required to sign and return, within forty-eight (48) hours of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where imposing such condition is legal, a Publicity Release (collectively, the “Releases"). The prize will be awarded within approximately five (5) days after the winner is verified. If Sponsor so elects, the Grand Prize winner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of the Grand Prize winner in advertising or publicity, will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor, as determined by Sponsor in its sole discretion. Should the Grand Prize winner fail to pass the confidential background check, the Grand Prize will be forfeited in its entirety.
If Affidavit/Release is returned as undeliverable or if the potential winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and awarded to the eligible Entrant who received the next highest score.
Prize Conditions: All travel related expenses, including but limited to, ground transportation (other than noted above) to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of Grand Prize winner. Prize must be used on dates specified by Sponsor or prize will be forfeited. Dates are subject to change.
All hotel reservations are based on availability. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. ARV may vary based on fluctuations in price for airfare and/or accommodations, and distance between departure and destination. If weather affects the ability for winner to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner other than to supply the remaining elements of the prize package minus the unused portion of prize. If for any reason whatsoever, winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize may be awarded to the eligible Entrant who received the next highest score. If, in the sole judgment of Sponsor, air travel is not required due to winner’s proximity to Los Angeles, CA, ground transportation may be substituted for round-trip air travel. In the event that any portion of Event is cancelled, remaining elements of Prize (if any) shall constitute the complete and total Prize to be awarded to winner. Sponsor (or designee) reserves the right to remove or to deny entry to the Winner who engages in a disorderly or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the makeover (all as determined by Sponsor or designee in their sole and absolute discretion). Further, if any such actions occur, Sponsor or designee reserves the right to terminate the trip early and send the Grand Prize Winner home with no further compensation. Grand Prize Winner is responsible for obtaining the proper travel documentation (e.g., valid photo ID) prior to travel.
Prize is not redeemable for cash. Prize is non-assignable or transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. All specifics of the Prize will be at Sponsor's sole discretion. Only the Entrant who submitted the winning Entry will receive the Prize; any individuals who may appear in the Entry or assisted in the production of the winning Entry will NOT receive the Prize.
Grand Prize winner is responsible for all federal, state, local and income taxes associated with winning the prize. Grand Prize winner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission for the Sweepstakes Entities to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Grand Prize winner acknowledges that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
LIMITATIONS OF LIABILITY: Sponsor, Proctor & Gamble, Instagram, and their agents are not responsible for any incorrect or inaccurate information, whether caused by contest Submitters, printing errors or by any of the equipment or programming associated with or utilized in the Contest; any computer, online, telephone or technical malfunctions, delays or human errors that occur in the processing, transmission or receipt of Submissions or votes; or for inaccurate transcription of Submission information; or for Submissions that are stolen, misdirected, garbled, lost or delayed by computer transmissions; or any injury or damage to persons or property, including but not limited to Entrants' computers, hardware and/or software, which may be caused directly or indirectly, in whole or in part, from Entrants' participation in the Contest or receipt, redemption or use of any prize.
Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Submission process or the operation of the Contest, and Sponsor may prosecute or seek other legal redress against anyone suspected of engaging in these acts. Sponsor reserves the right to disqualify any Submission at any time during the Promotion Period that may be found ineligible.
By participating in the Contest, Entrants agree to be bound by these Official Rules, including all eligibility requirements, and agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification.
Incomplete, corrupted or untimely Submissions or any Submission generated by a script, macro or other automated means are void and will be disqualified. Sponsor and its agencies are not responsible for incomplete, corrupted or untimely Entries or for incomplete, lost, interrupted or unavailable network, server or other connections, miscommunications, computer or software malfunctions or telephone transmission problems or 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 submission will not be deemed to be proof of receipt by Sponsor. The Website's database clock will be the official timekeeper for this Contest. Sponsor, Proctor & Gamble, and their affiliate companies, parents, subsidiaries, officers, directors and agents are not responsible for any incorrect or inaccurate information, including, without limitation, that caused by Website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Submission.
Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Submitters or to any other person’s computer related to or resulting from participating or downloading materials in this Contest.
If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect Submissions and (a) cancel, modify 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; or (c) award the prizes from among the eligible, non-suspect Entries received up to the time of the impairment.
Any attempt by an Entrant to deliberately damage any Websites or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
DISPUTES: Each Entrant agrees to release, defend, indemnify and hold harmless Sponsor, Proctor & Gamble, Instagram, and those working on its behalf and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Contest, Sponsor’s use of the Submission or the awarding, acceptance, use or misuse of any prize, including any travel related activities. Any and all disputes, claims and causes of action arising out of or in connection with this Contest shall be resolved individually without resort to any form of class action. This Contest shall be governed by and construed in accordance with the laws of the State of New York regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York, New York, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of New York.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
ENTRANT’S PERSONAL INFORMATION: ESSENCE Communications, Inc.’s use of information it collects from entrants is subject to its own Privacy practices, available at https://subscription.timeinc.com/storefront/privacy/essence/generic_privacy_new.html.
OFFICIAL RULES: To request a copy of the Official Rules, see essence.com/nograyzone, or send a self-addressed, stamped envelope by February 28, 2015, to: The Clairol Professional #NoGrayZone Contest, Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNERS LIST: For a written confirmation of the winner (available after March 11, 2015) send a stamped, self-addressed envelope (to be received no later than April 30, 2015), to: The Clairol Professional #NoGrayZone Contest, Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: ESSENCE Communications, Inc., 135 West 50th Street, New York, NY 10020.
Void outside the United States, in Alaska and Hawaii, and wherever else prohibited by law.