Official Contest & Sweepstakes Rules
OFFICIAL CONTEST RULES AND REGULATIONS
1. KEY DATES:
The Joico Blonde Life Powder Sweepstakes (the “Contest”) begins on November 22, 2021 at 12:00 a.m. eastern time (“ET”) and ends on January 15, 2022 at 11:59 p.m. ET (the “Contest Period”).
2. ELIGIBILITY TO ENTER:
The Contest is open only to professional stylists that are residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives and agents (and those with whom such persons are living, whether related or not) of Henkel Canada Corporation (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Contest (collectively, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Contest Rules and Regulations (the “Rules”).
4. HOW TO ENTER:
No purchase necessary. To enter, visit [https://www.joico.ca/partnerships/btc/] (the “Website”) and follow the on-screen instructions to obtain the official Contest entry form (the “Entry Form”). Fully complete the Entry Form with all required information, which may include a requirement to: (i) enter your full name, complete mailing address (including postal code), valid email address and telephone number; and (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the Entry Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Entry Form (the “Entry”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period. All eligible Entries submitted and received in accordance with these Rules during the Contest Period will be entered into the random prize draw.
5. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person and per email address. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, multiple identities, multiple e-mail addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; and/or (iii) disrupt or participate in the Contest in any other fraudulent or misleading way, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
All Entries, Entry Forms and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Form and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Contest will be the official time-keeping device(s) used by the Sponsor.
7. PARTICIPATION REQUIREMENTS:
BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY PARTICIPATING IN THIS CONTEST, YOU ALSO AGREE THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) AND ALL OTHER ASPECTS OF YOUR PARTICIPATION IN THIS CONTEST COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING WITHOUT LIMITATION, YOUR ENTRY FORM); (II) PARTICIPATION IN ANY CONTEST-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 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 RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.
By participating in the Contest, each entrant hereby warrants and represents that any Contest-related information he/she submits does not contain any reference to 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; and 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.
There is a total of three hundred (300) prizes (each, a “Prize”) available in the Contest. Each Prize consists of a package including: (i) one (1) container of Blonde Life Lightening Powder (1 LB); and (ii) one (1) bottle of LumiShine 20 Volume Developer (950 mL). The total approximate retail value of each Prize is $40.95 CAD.
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. The Sponsor reserves the right to substitute any Prize in whole or in part in the event that all or any component of such Prize is unavailable with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award. All characteristics and features of each Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion. Each Prize winner is solely responsible for all costs not expressly described herein. Each Prize winner is solely responsible for reading and following all instructions, directions for use and warnings that are associated with each component of the Prize.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, a confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
9. ELIGIBLE WINNER SELECTION PROCESS:
On January 17, 2022 in Burlington, Ontario at approximately 12:00 pm ET (the “Selection Date”) the Sponsor will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period to select the Prize winners. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.
10. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact each potential winner via email within three (3) business days of the Selection Date. If a potential winner cannot be contacted within such time, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate potential winner from among the remaining applicable eligible Entries submitted and received in accordance with these Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).
11. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. Before being declared A CONFIRMED PRIZE winner, each potential winner will be required to 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). By accepting a Prize, each applicable winner: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry, the Prize or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet, worldwide and in perpetuity. IMPORTANT NOTE: The Sponsor may require, in its sole and absolute discretion, that an eligible winner sign and return the Sponsor’s form of declaration and release prior to being confirmed as a winner.
If a potential winner: (a) fails to correctly answer the skill-testing question; (b) as applicable, fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) a Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate potential winner, as applicable, in accordance with the procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).
12. GENERAL CONDITIONS:
All Entries and Entry Forms become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Rules then, in addition to having the right to terminate the Contest immediately, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, Sponsor reserves the right to conduct a random drawing from amongst all eligible Prize claimants whose claims have not yet been redeemed to award the correct number of Prizes (as stated in these Rules). The Prizes may stop being awarded in the event Sponsor becomes aware of such an error. In no event will the Sponsor be liable to award more than the number of Prizes as provided in these Rules.
The Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Form and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, subject only to the approval of the Régie in Québec, to cancel, withdraw, amend or suspend the Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, subject only to the approval of the Régie in Québec, to cancel, amend or suspend the Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, subject only to the approval of the Régie in Québec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
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.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules, the Website, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.
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