OFFICIAL RULES AND REGULATIONS
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR TO WIN. The “INDESTRUCTIBLE HAIR CONTEST” (“Contest”) is open to all legal residents of the forty-eight (48) contiguous United States and the District of Columbia, age 18 years or older, except employees, officers, directors and agents (and their immediate families (spouse, parent, child, sibling and their respective spouses) and household members (whether or not related)) of Carol’s Daughter, LLC (“Carol’s Daughter”) (the “Sponsor”) and their respective parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, judges, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, “Contest Entities”). Void wherever prohibited or restricted by law. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”) and understand that they and/or their Submissions (as defined below) may appear in television, internet, print media and/or radio coverage of the Contest.
2. HOW TO ENTER: From 9:00:00 a.m. Eastern Time (“ET”) on October 1, 2013 through 11:59:59 p.m. on November 1, 2013 (the “Entry Period”), Sponsor will conduct a national Contest encouraging each participant to log on to Instagram and upload a compelling photo of their curly hairstyle for a chance to win one (1) grand prize adventure packed getaway of the Sponsor’s choosing, photo gallery feature on Carol’s Daugher Social Platforms, Travel sized Carol’s Daughter products of the Sponsor’s choosing, and the Hair Milk Collection. To enter during the Entry Period, an entrant upload a photo of themselves on Instagram (the “Application”) notating where they are with caption “Fresh curls________ make me feel beautiful” using the hashtag #refreshyourcurlscontest. (the photo, hashtag and sentence will be referred to collectively as the “Submission”). All Submissions must be submitted on instagram using the uploading/entry instructions located on the Application. Submissions must conform to the format rules of the Application. Submissions must be in English.
To be eligible each online Submission must be received no later than 11:59:59p.m. ET on November 1, 2013. All Submissions become the property of the Sponsors and will not be acknowledged or returned. All Submissions must be submitted in the name of an individual person and a prize can only be awarded to the person whose name is on a winning Submission. Entrant warrants and represents (a) he/she is the sole and exclusive owner of the Submission and all rights therein; (b) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted upon the terms and conditions set forth herein; (c) no part of the Submission has been published or aired; (d) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (e) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe any person’s personal or property rights or any other third-party rights. Sponsors reserve the right in their sole discretion to disqualify any Submission at any time in the event it is determined a Submission is offensive, inappropriate, not in keeping with Sponsors’ image or if it is determined that the entrant has not otherwise complied with these Official Rules. If the Submission contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. If any identifiable person appearing in the entry is under the age of majority in her state of residence, the parent or legal guardian is required to provide permission. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any entrant at any time. By submitting a Submission, entrant (or, if an eligible minor, her parent or legal guardian) warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Contest in the manner set forth in these Official Rules.
The Released Parties (as defined below) are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible or undeliverable Submissions, technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, intellectual property theft or other unauthorized use of intellectual property, or other errors or problems which may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the announcement of a prize or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsors’ control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend the Contest (or a portion thereof). In the event of cancellation, Sponsor reserves the right to judge all eligible, non-suspect Submissions received prior to the event requiring such cancellation using the judging procedure outlined below. False or deceptive Submissions or acts will render the entrant ineligible. An entrant hereby acknowledges and agrees that the relationship between entrant and Sponsors are not a confidential, fiduciary, or other special relationship, and that entrant’s decision to submit her Submission to Sponsors for purposes of the Contest does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of entrant’s Submission. By entering this Contest, entrant acknowledges and agrees that Sponsors may create on their own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsors, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other entrants and/or Sponsors (or their designees) may be similar to entrant’s Submission. Entrant acknowledges and agrees that Sponsors neither presently have, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Submission. Limit one (1) Submission per person or e-mail address per twenty-four hour period.
3. HOW TO WIN: One (1) grand prize winner (the “Winner”) will be selected by Carol’s Daughter employees, (“Judges”) from among all eligible Submissions received during the Entry Period based equally on the following criteria: (i) 100% style and creativity of sentence. On or around November 3, 2013 winner will be notified by e-mail and/or telephone and will be required to fulfill all requirements set forth herein or such Winner’s place will be forfeited and, at Sponsors’ discretion, awarded to the entrant with the next highest score as determined by the Judges. Sponsor reserves the right to not award the prize if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Submissions. The decisions of the Sponsor and Judges will be final and binding in all matters.
GRAND PRIZE: One (1) Grand Prize Winner receive a pair (1) adventure packed getaway of the Sponsor’s choosing, at an approximate retail value (“ARV”) of up to Five Thousand Dollars ($5000), a photo gallery feature on Carol’s Daugher Social Platforms, Travel sized Carol’s Daughter products of the Sponsor’s choosing, and the Hair Milk Collection TOTAL ARV OF ALL PRIZES: Five Thousand and sixty Dollars ($5060). Actual value of the Grand Prize may vary based on point of departure and airfare fluctuations. Sponsors are not responsible for the selling out of certain flights and packages. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right to substitute for any reason whatsoever the prize (or portion thereof) of comparable or greater value, at their sole discretion. The Winners are responsible for the reporting and payment of all taxes as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded.
DAILY PRIZE: Thirty (30) Daily Prize Winners receive a pair (1) the Hair Milk Collection at an approximate retail value (“ARV”) of up to Eighty Dollars ($80. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right to substitute for any reason whatsoever the prize (or portion thereof) of comparable or greater value, at their sole discretion.
5. GENERAL RULES AND REGULATIONS: By entering this Contest and/or accepting the prize, entrants grants Sponsor and their designees the right, unless prohibited by law, to use their names, cities and states of residences, voices, performances, pictures and likenesses (including recorded media coverage), without compensation, notification or approval, for the purpose of advertising, promotional and other purposes, in any manner or medium, now or hereafter known, throughout the universe in perpetuity. The potential Winners may be required to pass a civil, criminal and financial background check and may be disqualified if such check reveals anything in the Sponsors’ discretion that merits such action. The potential Winners will be required to execute an affidavit of eligibility, liability release, tax acknowledgment form (if applicable) and, except where prohibited by law, publicity release and return within three (3) business days of date of issuance of notification. Noncompliance within this time period or failure of such potential Winner to respond to a notification attempt within two (2) days of such attempt may result in disqualification and another Winner will be selected from among the entrant with the next highest score as determined by the Judges in their sole discretion and in accordance with the Judging Criteria.
The Winners will be declared pending verification of eligibility and compliance with these Official Rules. Each entrant acknowledges and understands that Released Parties are not responsible for any unauthorized use by a third party of any Submission. If: (i) any prize or prize notification is returned as undeliverable, (ii) a potential Winner declines her prize; or (iii) the potential Winners fail to comply with any of the Official Rules as outlined herein, she may be disqualified and another Winner will be selected from among the runners up as decided by Sponsors’ in their sole discretion and in accordance with the Judging Criteria. If a Winner is a minor in her state of residence, Sponsors reserve the right to award the prize in the name of her parent or legal guardian who will be responsible for fulfilling all requirements imposed on the Winners set forth herein.
With respect to the entrants’ Submissions, entrants hereby irrevocably grant Sponsor and their designees the non-exclusive, perpetual, universal right to use their Submissions, in whole or in part, alone or in combination with other material, or as a basis for new material, as Sponsors may determine in their sole discretion, and to use the Submission in connection with the Contest and related advertising and promotion or otherwise, but not as a direct endorsement of any product or service. Without limiting the generality of the foregoing, entrants agree that the rights granted hereunder shall include, but not be limited to, the perpetual, universal right of Sponsors and their designees to use, edit, telecast, cablecast, rerun, record, publish, reproduce, license, print, distribute and/or otherwise exploit, in any language and in all media now known or hereafter devised, the Submissions in whole or in part, without any further compensation to entrant or any third party. Entrants may be required to execute any documents necessary to perfect such rights in the Sponsors. The Contest Entities, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) expressly disclaim any responsibility and entrants agree to indemnify and hold harmless the Released Parties from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Contest (regardless of the cause of such injury, damage or loss), Sponsors’ use of any materials submitted by entrant and/or the delivery and/or subsequent use or misuse of any of the prize awarded.