The Australia Goldwell Red Services Instagram Promotion

The Australia Goldwell Red Services Instagram Promotion

Official Rules

THESE OFFICIAL RULES, INCLUDING INFORMATION ON HOW TO ENTER AND PRIZE DETAILS, APPLY TO THE GOLDWELL RED SERVICES INSTAGRAM PROMOTION ("PROMOTION").  ENTRY INTO THE PROMOTION IS DEEMED TO BE ACCEPTANCE OF THE OFFICIAL RULES.

 

 

1. Eligibility. Participation in the Goldwell Red Services Instagram Promotion (“Promotion”) is open only to legal residents of Australia aged 18 or older who own / are employed in a salon with a current Goldwell hair colour product account.  Employees and immediate families of the Sponsor and its agencies are ineligible to enter.

 

Entries from teams or groups are not permitted. 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 9:00am Australian Eastern Daylight Time ("AEDT") March 1, 2016 and ends once fifty (50) entrants have successfully completed entry in accordance with these Official Rules, or at 11:59 pm Australian Eastern Standard Time ("AEST") on April 30, 2016, whichever occurs first (“Promotion Period”). 

3. How to Enter.  To enter the Promotion, eligible entrants must (i) have their own hair coloured in one of the four new Goldwell Red Services using only Goldwell products; (ii) take a photo of their hair coloured in a Goldwell Red Service; (iii) upload a photo of their hair following a Goldwell Red Service to their own Instagram account, tag @Goldwellaus, the name of the Goldwell salon they own / where they are employed and include the hashtag that corresponds to the Goldwell Red Service used #deepviolet, #fieryred, #glowingmahogany, #shimmeringcopper (“Entry”).  The first fifty (50) entrants who successfully complete the entry process as described herein will each receive a $50 Visa Gift Card.  First fifty (50) entries will be determined according to the order of the posts recorded via the @Goldwellaus account. Once there are fifty (50) entrants that have successfully entered, the Promotion will be over, and no other prizes will be awarded.  Limit of one entry per Entrant during the Promotion Period.  Entrants can only enter in their own name, using their own personal Instagram account or a salon Instagram account that they own or are authorized to operate and use for entry into this Promotion. 

 

Entry into the Promotion is by this process only.  Failure to hashtag, tag, or state the salon name on the submitted image will result in an invalid entry and will not be considered in the Promotion.

 

All entry information and Photos shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  All Submissions must comply with the Promotion Guidelines above and Promotion Restrictions (as defined below), as determined by Sponsor in its sole and absolute discretion.  Sponsor reserves the right to cancel or modify this Promotion in the event an insufficient number of entries are received that meet the judging criteria as set out in paragraph 7 of these Official Rules. 

 

By entering, each entrant warrants and represents the following with respect to his/her Submission: (a) entrant is the sole and exclusive owner of the Submission and the Submission is entirely the entrant's own hair [but may include extensions] that was coloured at a participating Goldwell salon with Goldwell colour products; (b) the Submission 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; (c) the Submission complies with the Promotion Guidelines and Promotion Restrictions (defined below); and (d) the Submission (or any part thereof) has not been submitted previously in a contest or promotion of any kind, won any kind of award and/or been exhibited or displayed publicly through any means.

 

All entries, including Submissions, 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. 

 

4. Submission Content Restrictions: By entering the Promotion, each entrant agrees that his or her Submission conforms to the Submission Content Restrictions as defined below (collectively, the “Promotion Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Promotion if it believes, in its sole discretion, that the entrant’s Submission fails to conform to these Promotion Restrictions:

 

·         The Submission must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;

·         The Submission must not disparage Sponsor, any other person or party affiliated with the promotion and administration of this Promotion, or competitors of Sponsor;

·         The Submission must not contain brand names or trademarks of any entity (including, but not limited to, those of any Competitor) other than the Sponsor’s Marks (defined below), which entrant has a limited licence to use for the sole purpose of creating and uploading a Submission in this Promotion;

·         The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;

·         The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

·         The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.

Entrants acknowledge that other entrants may have used ideas and/or concepts in their Submission that may have similarities to ideas or concepts included in entrant’s Submission, 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 Promotion, including interpretation and application of these Official Rules, and no correspondence will be entered into.

5. Ownership:  All Submissions will become the exclusive property of Sponsor, and none will be acknowledged or returned, except in the Sponsor's sole and absolute discretion.  Sponsor and its affiliates shall have the right to edit, adapt, reproduce, communicate and publish or not publish any or all of the Submissions, 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 PROMOTION CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHTS, TITLE AND INTEREST IN THE SUBMISSION OR ANY DERIVATIVE WORKS CREATED USING THE SUBMISSION 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 Submission.  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 Submission for review and assessment in this Promotion.  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 a Submission for entry in this Promotion, and that any use of Sponsor’s Marks (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

6.  First To Respond:  Beginning at 9:00am Australian Eastern Daylight Time ("AEDT") March 1, 2016, the first fifty (50) entrants that have successfully completed entry will receive a $50 Visa Gift Card.   Total prize pool valued at: $2,500.  Once there are fifty (50) entrants that have successfully submitted an Entry, the Promotion will be over, and no other prizes will be awarded. Odds of winning depend on the number of respondents.  By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules, which will be final and binding in all matters relating to the Promotion.  

Each of the first fifty (50) winning entries will be notified by direct message on Instagram  within two (2) days of submitting a winning entry.  Entrants will then be required to provide their name, age, email address, phone number and mailing address to the Sponsor via direct message reply in order for the Sponsor to verify the Submission and award the Prize   If any of the first fifty (50) winning entries do not respond to the Sponsor with the required information within twenty four hours of the Sponsor's direct message being sent , if any prize or prize notification is returned as undeliverable, if any first fifty (50) winning entries 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 next Entry (i.e., 51) that complies with these Official Rules.  Winners’ details will also be published on www.goldwell.com on 5 May 2016. 

7.  Prizes. Each of the first fifty (50) entries in the Promotion will receive a $50 Visa gift card.

The Prize is not transferable and cannot be exchanged as cash.  The Sponsor accepts no responsibility for any variation in the value of a Prize.  All costs associated or arising in connection with participating in the Promotion and the Prize are the responsibility of the Entrants.  Any costs associated with accessing the internet are the Entrant's responsibility, and depend on the internet / mobile service provider used.

Prizes will be delivered to the Winners via mail to the Winner's nominated address within 28 days of the end of the Promotion Period.  The Sponsor shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Winners.  In the event that the Sponsor is unable to supply the Prize, the Sponsor reserves the right to supply an alternative prize of the same or greater value, subject to any written directions given by State or Territory gaming departments.

Acceptance and use of the Prize is subject to any terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Prize (“Third Party Terms”).  The Winner is responsible for complying with all applicable Third Party Terms, and bears all risk associated with failure to comply with any of them.  The Sponsor assumes no liability (and will provide no compensation) as a result of any failure to comply with any Third Party Terms.

8.  Conditions. Sponsor shall not be liable or responsible in the event any entrant or winner’s Submission is used / not used for any reason.  Submissions 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 Promotion 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, Submission and/or any statements made by each winner regarding the Promotion 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 Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-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 Promotion in any way shall be disqualified. Sponsor is not responsible if Promotion 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 Promotion 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 Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion 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 Promotion. 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 Promotion, 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 Promotion.  Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion 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 Finalists providers 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 Finalist 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 PROMOTION 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 PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION, 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 PROMOTION AND / OR THESE OFFICIAL RULES

12.  Use of Data.  The Sponsor collects personal information about entrants to include entrants in the Promotion and where appropriate award the Prizes.  If the personal information requested is not provided, the entrant cannot participate in the Promotion.  By participating in the Promotion, each entrant consents to disclosing their personal information to the Sponsor and the Sponsor using, and disclosing their personal information to the relevant authorities in the relevant States, the Sponsor's related entities, the Sponsor's agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Prizes) for the following purposes:

  • conducting the Promotion;
  • contacting the entrant in relation to the Promotion;
  • publishing the winners' names and State / Territory of residence in accordance with these Official Rules and as required under relevant legislation;
  • improving the Sponsor's or the Sponsor's related entities' goods and services; and
  • in the Sponsor's and its agencies case, the purposes set out in the Sponsor's privacy policy (available at www.goldwell.com or by writing to the Sponsor at the address set out in paragraph 13 of these Official Rules).

The entrant provides this consent until such a time as they withdraw their consent by giving notice to the Sponsor.  Entrants can also gain access to, update or correct any personal information held by contacting the Sponsor on 1300 135 722 (Australia) or via email to Salon-service.au@kao.com.  The Sponsor's privacy policy also contains information about how Entrants can make a complaint.  All personal information will be stored at the office of the Sponsor. 

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

Instagram, LLC and Visa International Service Association are not affiliated with, nor are they sponsors of, this Promotion.

Entrants:

  • acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram;
  • acknowledge that any information they provide in connection with the Promotion is provided to the Sponsor and not to Instagram;
  • will direct any questions, comments or complaints regarding the Promotion to the Sponsor, not to Instagram; and
  • release Instagram and their associated companies from all liability arising in respect of the Promotion.

 

Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Instagram Terms of Use, which can be viewed at https://instagram.com/about/legal/terms/.