Ouidad Advanced Climate Control® Summer Challenge - Instagram Giveaway Terms and Condtions
2. Sponsors: Ouidad, 475 Park Ave S., New York, NY 10016
3. Timing: Giveaway begins on July 17, 2017 at 10:00 a.m. Eastern Time ("ET"), ends on August 31st, 2017 at 11:59 p.m. ET. Sponsor's computer is the official time-keeping device for the Giveaway.
4. How to Enter: The Giveaway is designed to give eligible entrants the opportunity to engage with Ouidad on Instagram for the chance to win a prize for themselves. To enter the Giveaway, you must (a) have an active Instagram account that is not private; (b) follow the Ouidad Instagram account (@ouidad) (c) upload an image of your curls (d) use hashtag #Ouidad #NotTodayFrizz #CurlContest. ("Submission")
Each entrant must obtain the consent of any individuals mentioned in the Submission to include their Instagram handle in the Submission and to enter the Submission in the Sweepstakes pursuant to these Official Rules, and the statements below, where applicable, regarding an entrant’s or winner’s agreement to, acceptance or acknowledgment of, these legal terms and conditions include also the agreement, acceptance or acknowledgment of any individual included in the entrant’s or winner’s Submission.
Once you post your Submission to Instagram with the requirements above, you will be entered into the Sweepstakes.
Use of multiple email addresses/accounts to enter is prohibited. There may be only one (1) named entrant for each Submission, regardless of the number of persons who may have contributed to the creation of the Submission.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the email address associated with the Instagram account of the entry.
Submissions generated by script, macro or other automated means are void. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the Instagram Account used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
5. Submission Requirements: Each Submission must tag one (1) friend in their comment on the specified sweepstakes post. Each Submission must also comply with the following:
A. Each Submission must meet the Instagram website's technical and content requirements (available at www.instagram.com).
B. Any Submission that fails to meet the Sponsor's specifications may be disqualified at any time in Sponsor's sole and unfettered discretion.
C. The Submission must be your own original work (modifying, enhancing or altering a third-party’s pre-existing work does not qualify as your original work), created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
D. Submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or Submissions that otherwise contain inappropriate content or objectionable material may not be submitted and may be disqualified at any time in Sponsor's sole and unfettered discretion.
E. Your Submission must not contain any images of personally identifiable information of any person other than yourself. Should you include personally identifiable information about yourself in your Submission, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
F. You may not be, nor may you work with parties in conjunction with your Submissions who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display your Submission in any media form; or 2) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Submissions worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
G. Entrant may not be sponsored or receive regular direct compensation by any other hair care company.
H. The Submission must not contain any advertisements, "spam" content or references to other products, offers or websites.
I. The Submission must not contain any email addresses, URLs to other websites, phone numbers, physical addresses or other forms of contact or personal information.
J. If the submission includes any other individual beyond yourself, you are solely responsible for obtaining said individuals permission to be included in the Submission and to enter the Submission in the Sweepstakes.
K. The Submission must not feature anyone who is not at least eighteen (18) years old at the time the Submission is created.
L. The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. The decisions of the Sponsor on this and all matters pertaining to the Giveaway shall be final and binding.
6. Winner Determination: After the Giveaway Period, Sponsor will randomly select one eligible Submissions from all submissions received during the Advanced Climate Control® Summer Challenge Period.
7. Winner Notification: Winners will be contacted via Instagram Direct Message and will have five (5) business days after direct message transmission to respond and provide their full contact information, including legal name, email address and mailing address. Winners who do not respond during the time period will forfeit their prize. Prizes will be awarded only upon verification by Ouidad that all contest requirements have been met by the winners. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner. If a selected Entrant cannot be contacted within the allotted time, Ouidad the right to void that entry and select another eligible Entrant for that Prize.
All decisions of Sponsor are final and binding on all entrants. Odds of winning depend on the total number of eligible entries received.
ONE (1) winner will be selected and will receive a year’s supply of Advanced Climate Control®.
For all Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
9. Release: By receipt of the Offer, participant agrees to release and hold harmless Sponsor and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of the Offer.
10. Publicity: Except where prohibited, participation in the Giveaway constitutes recipient's consent (and consent of anyone included in The Submission) to Sponsor's and its agents' use of recipient's name, likeness, photograph, voice, opinions, content submissions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
BY ACCEPTING A PRIZE, THE WINNER (AND ANYONE PICTURED IN THE SUBMISSION) EACH AGREES NOT TO SUE OR BRING ANY LAWSUIT OR MAKE ANY CLAIM UNDER ANY THEORY WHATSOEVER AGAINST THE SPONSOR, THE SWEESPTAKES ENTITIES AND INSTAGRAM ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN THIS SWEEPSTAKES, THE WINNER’S SUBMISSION OR ANY SWEEPSTAKES- RELATED ACTIVITY. IN ADDITION, THE WINNER AGREES TO WAIVE, RELEASE, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ALL SWEEPSTAKES ENTITIES AND INSTAGRAM FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, CAUSES OF ACTION AND LIABILITY OF ANY NATURE WHATSOEVER, FOR ANY MATTER, CAUSE OR THING, INCLUDING, WITHOUT LIMITATION, ANY LOSS, INJURY OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER, WHETHER DIRECT, COMPENSATORY, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL, CAUSED OR CONTRIBUTED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, WHILE PREPARING FOR OR PARTICIPATING IN OR OTHERWISE ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN THIS SWEEPSTAKES, THE WINNER’S SUBMISSION OR ANY SWEEPSTAKES-RELATED ACTIVITY.
11. Email Permission: By providing your email address to Sponsor anywhere throughout the Giveaway, you consent to Sponsor's email communication with you, about the Giveaway or otherwise.
12. Winner List: To obtain a copy of the winner list or a copy of the Contest Rules and Regulations, send your request to: Ouidad, Instagram Birthday Giveaway, 475 Park Ave S, 30th Floor, New York, NY 10016. Requests must enclose a self-addressed stamped envelope.
13. Tax information: Liability for any applicable taxes imposed by any government, if any, on any Prize won is the sole responsibility of the winner of such Prize.
14. General Conditions: Sponsor is not responsible for any changes to or unavailability of the Instagram service that may interfere with the Sweepstakes (including any limitations, restrictions or conditions on Sponsor’s ability to use the service in connection with the Sweepstakes). Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Giveaway or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, 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. Sponsor's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
Giveaway is void outside the United States and where prohibited by law. All federal, state and local laws and regulations apply. This Contest will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the United States of America.
15. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (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 registration process or the Giveaway; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Giveaway or receipt or use or misuse of any Offer.
IN NO EVENT WILL SPONSOR, ANY SWEEPSTAKES ENTITIES OR INSTAGRAM BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, ENTRANT’S SUBMISSION, ANY PRIZES WON, ENTRANT’S ACCESS TO OR USE OF SPONSOR’S OR INSTAGRAM’S WEB SITES, APPLICATIONS OR SERVICES, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITES, APPLICATIONS AND SERVICES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SPONSOR’S WEB SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Ouidad's Right To Use User Content
You grant to Ouidad and its parent, affiliates and or related entities the right to use your social media handle, moniker, name and/or your photographs(s), upload, video, comment, testimonial, likeness and other submissions in addition to those you have tagged with #Ouidad or an Ouidad-campaign hashtag ("Your Post") in perpetuity and for any brand marketing, advertising and promotional purposes, including but not limited to on Ouidad.com, in social media, on third party retail sites featuring Ouidad, print materials, in-store or digital advertising. Ouidad may use, reproduce, distribute, combine Your Post with other materials, alter and/or edit it in any manner in its sole discretion.
You hereby represent and warrant that (i) you own all rights in and to your posts, (ii) you have permission from any person(s) appearing in Your Post to grant the rights herein, (iii) you are not a minor, (iv) Ouidad use of Your Post will not violate the rights of any third party or any law and, (v) if Your Post contains a testimonial you further agree that it is a true and accurate expression of your honest belief based on use of Ouidad products and that you have disclosed receipt of any free product or incentives in exchange for providing Your Post.
You hereby release, discharge and agree to hold Ouidad and any person acting on Ouidad behalf harmless from any liability related in any way with the use of your post.