Official Contest & Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. INSTAGRAM IS HEREBY COMPLETELY RELEASED OF ALL LIABILITY BY EACH ENTRANT IN THIS GIVEAWAY. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE GIVEAWAY MUST BE DIRECTED TO THE SPONSOR AND NOT TO INSTAGRAM.
1. Eligibility: The Joico © 2020 Award Winners Giveaway (“Giveaway”) is open only to professional licensed cosmetologists that are legal residents of, and physically located within, Canada , who have reached the legal age of majority in his/her province or territory of residence at the time of entry. All federal, provincial/territorial and local laws and regulations apply. Employees, representatives and agents of Henkel Canada Corporation (“Sponsor”) and its affiliates, subsidiaries, advertising and promotional agencies, vendors, contractors and the immediate family members (defined as spouse, siblings, children and each of their respective spouses, regardless of residence and any person living in such a person’s household, whether related or not) of each of the foregoing, as well as the employees of any company affiliated with the Giveaway (collectively with the foregoing persons or entities, the “Giveaway Entities”) are not eligible to participate. Sponsor reserves the right, in its sole and absolute discretion, to verify the eligibility of any entry, Entry Materials (defined below) and entrant.
2. Entry Period: Entries may be submitted during the period commencing at 1:00 PM Eastern Standard Time (“ET”) on December 14th, 2020 and ending at 11:59 PM ET on December 18th, 2020 (“Term”). Sponsor’s computer is the official time keeping device for this Giveaway.
3. How To Enter: To enter the Giveaway, log-in to your Instagram account and visit Joico Canada’s Instagram at https://www.instagram.com/joicocanada/ or @joicocanada (the “Sponsor Account”). Next, locate the Giveaway post (the “Social Media Post”) that has been posted on the Sponsor Account by or on behalf of the Sponsor. Entrants may take any or all of the following actions one (1) time each, and must take the actions through his/her Instagram account to obtain entries:
- Follow the Sponsor Account, @joicocanada to be eligible to earn one (1) entry;
- Comment on the Social Media Post using the hashtag #JoicoCANGiveaway to be eligible to earn one (1) entry.
Limit of two (2) entries per person and Instagram account.
By entering, you agree that Sponsor may contact you and/or name you on Sponsor’s social media page. You may un-follow the Sponsor Account at any time after the Giveaway ends without impacting your chances of winning. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the participant. You must only use one (1) Instagram account to participate in this Giveaway. Any attempt by any participant to obtain more than the stated number of maximum entries by using multiple and/or different identities or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. To be eligible, all content and materials associated with your entry (regardless of the method of entry) (collectively, the “Entry Materials”) must be submitted and received in accordance with these Official Rules during the Term. You must complete the entry requirements as set out above and submit all required information, including, without limitation, any verification information that may be requested by the Sponsor in its sole and absolute discretion, be in compliance with these Official Rules, including without limitation the participation requirements set out below, and comply with all applicable terms, rules, policies and guidelines of Instagram for an entry to be eligible. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Multiple entrants are not permitted to share the same Instagram account. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the participant. 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. .
4. License and Participation Requirements: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY GIVEAWAY-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES AND/OR THE INSTAGRAM PLATFORM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE GIVEAWAY AND/OR AWARDING OF ANY PRIZES.
By participating in the Giveaway, each entrant hereby warrants and represents that any Entry Materials he/she submits:
- is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Giveaway;
- does not violate any law, statute, ordinance or regulation;
- does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
- will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Giveaway, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding entry and/or the associated entrant) – to help ensure that the Giveaway is being conducted in accordance with the letter and spirit of these Official Rules. By entering the Giveaway and submitting an entry, each entrant: (i) without limiting the Instagram platform rules, grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Giveaway or for any other reason in any type of media; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties (defined below) from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
5. Winner Selection and Notifications: On or about December 21, 2020, at approximately 1:00 PM ET in Mississauga, Ontario, there will be three (3) entries to be randomly chosen from among all eligible entries received during the Term and, upon successfully completing a mathematical skill testing question and returning all required documentation, as described below, and absent any disqualification or ineligibility as determined by Sponsor in its sole discretion in accordance with these Official Rules, the entrants who submitted the chosen entries will be deemed the “Giveaway Winners”. Each potential winner will be contacted via the Instagram account used to enter the Giveaway by direct message. The Sponsor or its designated representative will make a minimum of two attempts to contact each potential winner within two (2) business days of the above selection date. Each potential winner is solely responsible for ensuring his/her account settings are set to be able to receive notification messages, monitoring his/her account for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion).Each potential winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign an affidavit of eligibility and a liability and publicity release and return this document within five (5) business days of being notified, in order to be confirmed as a Giveaway Winner claim his/her Prize. In the event a potential winner chooses not to accept his/her Prize, is not in compliance with these Official Rules, is unable to be notified, if any correspondence from Sponsor or a Prize is returned as undeliverable, fails to correctly answer the mathematical skill testing question, fails to sign and return the affidavit of eligibility and liability and publicity release within the required time period, or if he/she is disqualified for any reason (all as determined by the Sponsor in its sole and absolute discretion), his/her Prize will be forfeited and an alternate potential winner will be selected from all of the remaining qualified entrants in accordance with the procedure set out above. Only one (1) alternate drawings will be held, after which the Prize may remain un-awarded. All entrants acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to any Prize, including, but not limited to, its quality or fitness for a particular purpose.
Verification of Potential Winners: potential WINNERS AND WINNER ENTRY MATERIALS ARE subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE Giveaway. 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.
6. Prizes/Values/Odds: Three (3) Giveaway Winners will each be awarded a prize consisting of the following products (each, a “Prize”):
- (1) K-PAK Color Therapy Shampoo – $18.99 CAD Value
- (1) K-PAK Color Therapy Conditioner – $22.99 CAD Value
- (1) K-PAK Color Therapy Luster Lock Glossing Oil – $24.99 CAD Value
- (1) K-PAK Color Therapy Luster Lock Instant Shine & Repair Treatment – $27.99 CAD Value
- (1) K-PAK Color Therapy Luster Lock Multi-Perfector Daily Shine & Protect Spray – $27.99 CAD Value
- (1) Defy Damage Shampoo – $24.99 CAD Value
- (1) Defy Damage Conditioner – $24.99 CAD Value
- (1) Defy Damage Masque – $27.99 CAD Value
- (1) Defy Damage Protective Shield – $27.99 CAD Value
- (1) Weekend Hair Dry Shampoo – $23.63 CAD Value
- (1) HydraSplash Hydrating Gelee Masque – $26.99 CAD Value
The total approximate retail value (“ARV”) of each Prize is $279.53 CAD.
Limit one prize per person and per household. Giveaway Winners are solely responsible for all applicable taxes on his/her Prize including sales or use taxes, as well as any expenses related to participation in the Giveaway or acceptance of a Prize. There will be no substitutions or cash redemptions made for any Prize. Sponsor will not replace any Prize or any component of the Prize that is lost, mutilated, or stolen. Odds of winning a Prize depend on the number of eligible entries received. Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. The Giveaway Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Prizes. Prizes are nontransferable. No substitutions or cash redemptions will be made, other than as provided herein. Sponsor reserves the right, as determined in its sole discretion, to substitute a prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason. Only the number of prizes stated in these Official Rules is available to be won in the Giveaway. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, the winner(s) 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.
8. General: 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 Giveaway. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entry; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry, or proof of completion of activity such as visiting Sponsor’s Instagram page, will not be deemed proof of receipt of entry by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for any typographical or other error in the offer or administration of this Giveaway, or in the announcement of Giveaway Winners and Prizes. 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 Sponsor Account, the Social Media Post, and/or the legitimate operation of the Giveaway; to violate the Official Rules (including without limitation, violating the participation requirements above, or attempting to exceed any of the limits stated in these Official Rules); or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Giveaway is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entry and, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec: (a) cancel or terminate the Giveaway (or any portion thereof); (b) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
BY PARTICIPATING IN THIS GIVEAWAY, ENTRANT AGREES THAT THE GIVEAWAY ENTITIES, INSTAGRAM INC., 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, SUCCESSORS, ASSIGNS 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, ENTRY MATERIALS OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THIS GIVEAWAY, 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, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE. 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, EPIDEMIC OR PANDEMIC, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE WEBSITE 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.
9. Disputes: All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Giveaway, the meaning or interpretation of the rules or any Prize awarded shall be resolved by applying the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to the conflict of laws provisions therein, and shall be solely and exclusively brought in the courts within the Province of Ontario. All Claims shall be resolved individually, without resort to any form of class action and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event, include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and, by entering, entrant waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased.
FOR RESIDENTS OF QUÉBEC 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.
10. Sponsor: Henkel Canada Corporation, 2515 Meadowpine Blvd, Mississauga, ON L5N 6C3, whose decisions, as determined in its sole discretion, are final and binding as to all aspects of this Giveaway.
Copyright ©2020 Henkel Canada Corporation. All rights reserved.
No purchase necessary. Open only to age of majority professional licensed cosmetologists that are legal residents of, and physically located within, Canada. Starts at 1:00 PM ET on December 14th, 2020 and ends at 11:59 PM ET on December 18th, 2020. 3 prizes available, consisting of a package of Joico hair products (selected by the Sponsor in its sole discretion), ARV $279.53 CAD each. Limit 2 entries per person and account. Odds depend on number of eligible entries. Math skill-testing question required. Full rules and entry details at www.joico.ca/contest-rules