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TERMS AND CONDITIONS

Abbreviated rules: Open only stylists who are legal residents of Australia and employed in a salon which has an account in good standing with Sponsor for the purchase and sale of Goldwell color products.  Entry begins at 12:00am AEST 25 April 2016 and ends at 11:59pm AEST on 30 June 2016.  12 Winners will receive a $200 Visa gift Card.  Total value of promotion is AUD $2,400 incl. GST. This is a game of skill and chance plays no part in determining the Winners. Prizes will be sent to winners within 28 days from winners’ redemption of prize. Full terms and conditions available at www.goldwell.com.

    Goldwell® Elumen® Ultimate Creativity Stylist Competition  

Official Rules    

THESE OFFICIAL RULES, INCLUDING INFORMATION ON HOW TO ENTER AND PRIZE DETAILS, APPLY TO THE GOLDWELL® ELUMEN® ULTIMATE CREATIVITY STYLIST COMPETITION ("CONTEST").  ENTRY INTO THE CONTEST IS DEEMED TO BE ACCEPTANCE OF THE OFFICIAL RULES.  

1.         Eligibility. Participation in the Goldwell® Elumen® Ultimate Creativity Stylist Competition (“Contest”) is open only stylists who are legal residents of Australia and employed in a salon which has an account in good standing with Sponsor for the purchase and sale of Goldwell color products.    Sponsor reserves the right to disqualify any entry, for whatever reason, including, but not limited to, a perceived or actual conflict of interest.  

2.         Start/End Dates. Entry period begins at 12:00am Australian Eastern Standard Time ("AEST") 25 April 2016 and ends at 11:59pm AEST on 30 June 2016 (“Contest Period”).

3.         How to Enter.  To enter the Contest, eligible entrants should (i) create a unique and creative color formulation using a minimum of two (2) Elumen hair colors (Clear can be used if there are more than 2 colors in the formulation) (“Formulation”); (ii) complete an entry form (available from your Goldwell Sales Executive) specifying the Formulation, the existing shade of hair color for which the Formulation is recommended, and a painted swatch of the Formulation; and (iii) submit the completed entry form by mail to Sponsor by no later than 30 June 2016.   Entry into the Contest is by this process only.  Multiple Entries per entrant are permitted so long as each Entry is sufficiently unique from any other Entry submitted by that entrant. Failure to complete the entry form, including the color formulation and painted swatch (together, the “Entry”), will result in an invalid entry and will not be considered in the Contest and will not be judged.   All Entries become the sole and exclusive property of the Sponsor and receipt of Entries will not be acknowledged. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.    By entering, each entrant warrants and represents the following with respect to his/her Entry: (a) entrant is the sole and exclusive owner of the Entry and the Entry is entirely the entrant's own work and (b) the Entry will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right.   Entrants acknowledge that other entrants may have used ideas and/or concepts in their Entry that may have similarities to ideas or concepts included in entrant’s Entry, and entrants understand and agree that they shall not in any way be entitled to any compensation because of any such similarities.  Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules, and no correspondence will be entered into.  

4.                     Ownership.  Sponsor and its affiliates shall have the right to edit, adapt, reproduce, communicate and publish or not publish any or all of the Entries, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity.  ENTERING THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHTS, TITLE AND INTEREST IN THE ENTRY OR ANY DERIVATIVE WORKS CREATED USING THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS.  Each entrant waives and releases the Sponsor from any and all claims that he/she  may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” with respect to Sponsor’s use and exploitation of his/her Entry.  Each entrant also unconditionally and irrevocably consents to any act or omission by the Sponsor and any of its affiliates that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given.  Sponsor grants eligible entrants a limited, revocable, non-sublicensable, licence to use Sponsor’s name, trademarks and logos (collectively, “Sponsor’s Marks”) for the sole purpose of creating and submitting the Entry for review and assessment in this Contest.  Entrants are not permitted to make any further use of Sponsor’s Marks for any purpose whatsoever.  In addition, entrants recognize that all right, title, and interest in Sponsor’s Marks as well as all derivative works created using Sponsor’s Marks shall vest exclusively to the Sponsor, and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights.  No right, title, or interest in and to the Sponsor’s Marks except for the limited licence granted to entrant in these Official Rules is transferred or created. Each entrant further acknowledges and agrees he/she shall do nothing to challenge the validity or enforceability of, or otherwise interfere with, Sponsor’s Marks in any forum.  Entrants agree that the use of Sponsor’s Marks is permitted only for the purpose of making an Entry for entry in this Contest, and that any use of Sponsor’s Marks (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.   ALL ENTRANTS ACKNOWLEDGE AND AGREE THAT SPONSOR SHALL HAVE THE RIGHT, BUT NO OBLIGATION, TO POST, DISPLAY, OR OTHERWISE USE ANY ENTRIES, INCLUDING, WITHOUT LIMITATION, THE WINNING ENTRIES.  FOR SAKE OF CLARITY, ENTRANTS UNDERSTAND AND AGREE THAT EVEN IF ENTRANT SUBMITS A PRIZE WINNING ENTRY, SPONSOR IS UNDER NO OBLIGATION TO USE THE WINNING ENTRIES IN ANY MANNER OR FOR ANY PURPOSE. 

5.         Judging Panel. All valid Entries received during the Contest Period will be judged.  The Entries will be judged between 11-22 July, 2016 at Sydney, NSW, Australia by a panel of qualified judges determined by Sponsor in its sole and absolute discretion (“Judging Panel”).  The Judging Panel will judge all of the eligible Entries based on the following judging criteria (“Judging Panel Criteria”): Originality (40%) and Creativity (60%) and choose 2 Entries for each of the 6 Elumen® Color Wheel Sections – Green, Yellow, Orange, Red, Violet and Blue. Subject to verification and compliance with these Official Rules, the twelve (12) highest scoring Entries as judged by the Judging Panel will be deemed the potential winners (“Winners”). Judges' decision is final and no correspondence will be entered into. This is a game of skill and chance plays no part in determining the Winners.   Sponsor may review further entries, at the same place as the original judging is held, as are necessary on 29 August 2016, in order to distribute any prize unclaimed by 31 August 2016. Sponsor reserves the right to request any potential Winner to provide proof of age, identity and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Sponsor.

6.         Notification. Each of the potential Winners will be contacted directly by phone and announced on www.goldwell.com on 25 July 2016.  If any Potential Winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize or in the event of noncompliance with these Official Rules or any other requirements of the Sponsor, that potential Winner will forfeit his/her prize and that prize and will be awarded to Entry with the next highest score, as judged by the Judging Panel in accordance with the Judging Panel Criteria.

7.         Prizes.  Each of the 12 Winners (2 for each of the 6 Elumen Color Wheel sections) will receive a $200 Visa gift Card.  Total prize value of promotion is valued up to AUD $2,400 incl. GST. Sponsor accepts no responsibility for any variation in the prize value. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash. The prize will be sent to the Winners at the delivery address provided in the entry form. Please allow for up to 28 working days for receipt of your prize. Sponsor is not responsible for any prize that is lost during in transit or after delivery by Australia post, associated couriers or any other parties. Sponsor recommends that entrants enter a mailing address that is known to be secure. Sponsor is not responsible for any prize it is unable to send to the winner if the address given is incorrect.  

8.         Conditions. Sponsor shall not be liable or responsible in the event any entrant or winner’s Entry is not used for any reason.  Entries may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Any and all federal, state and local taxes are the sole responsibility of the winners.  Participation in Contest and acceptance of any prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation and for an unlimited time.  By participating, entrants and winners agree to release, indemnify, waive, discharge, absolve and hold harmless Sponsor, its partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, moral rights infringement or any other intellectual property-related cause of action.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. If any Winner cannot participate in a prize or any part of a prize for any reason then that prize will be void and no compensation will be payable.  

9.         Additional Terms. The Sponsor's decision is final and binding on all matters relating to this Contest and no correspondence will be entered into.  Any attempted form of entry other than as set forth above is prohibited. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. Sponsor reserves the right, at its sole discretion, to disqualify or refuse to provide a prize to any individual it finds, in its sole discretion, to have tampered with the entry process or the operation of the Contest, provided false or misleading details, or behaved in a fraudulent or dishonest manner or otherwise than in accordance with these terms and conditions or the spirit of the Contest.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.  Sponsor also reserves the right to request that a Winner provides proof of his/her identity, residency and/or age prior to awarding a prize.  Proof of identification, residency and/or age considered suitable for verification is at the discretion of the Sponsor.  In the event that a Winner cannot provide suitable proof, he/she will forfeit the applicable prize and no substitute will be offered.   CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10.       Limitation of Liability.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS' PARTICIPATION IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST, OR AS THE RESULT OF ACCEPTING OR USING ANY PRIZE.   The Australian Consumer Law (as embodied in the Competition and Consumer Act 2010 (Cth) and other State and Territory consumer protection Acts) provide certain statutory guarantees in respect of goods or services supplied to consumers, which cannot be excluded, restricted or modified ("Consumer Guarantees").  If the Sponsor fails to comply with a Consumer Guarantee, there may be remedies available to you under the Australian Consumer Law.  Nothing in these Official Rules excludes, restricts or modifies any right or remedy, or any guarantee that applies, under the Australian Consumer Law, and which cannot be lawfully excluded or limited.

11.       Disputes; Governing Law.  THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW SOUTH WALES, AUSTRALIA AND ENTRANTS SUBMIT TO THE JURISDICTION OF THE COURTS OF NEW SOUTH WALES, AUSTRALIA FOR ANY PROCEEDINGS IN CONNECTION WITH THE CONTEST AND / OR THESE OFFICIAL RULES

12.       Use of Data.  The Sponsor’s privacy policy can be viewed at www.goldwell.com.  By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information for the purpose of this Contest and for future promotional purposes and acknowledge that they have read and accepted Sponsor’s privacy policy.  All entries will be entered into a database and the Sponsor may use entrants' details for future promotional, marketing and publicity purposes unless otherwise advised by the entrant by calling the Sponsor on 1300 135 722 (Australia) or via email to Salon-service.au@kao.com. Entrants can request access to or correction of their details by contacting the Sponsor on 1300 135 722 (Australia) or via email to Salon-service.au@kao.com. All personal information will be securely stored by the Sponsor.

13.       Sponsor.  Kao Australia Pty. Ltd. (ABN: 59 054 708 299), 1A The Crescent, Kingsgrove NSW 2208.