Living Proof “Flex Your Styling Power” Contest
No purchase necessary to enter or win. A purchase will not increase your chance of winning.
The Living Proof Restore “Flex Your Styling Power” Contest (the “Contest”) begins at 12:00 p.m. Eastern Standard Time on August 19, 2013 and ends at 11:59 p.m. Eastern Standard Time on September 30, 2013 (the “Contest Period”). This Contest is sponsored by Living Proof (the “Sponsor”).
- Eligibility: To be eligible for the contest, Entrants must be 18 years of age or older, at the time of entry into the Contest. Employees, agents and representatives of Living Proof and its subsidiaries affiliates, parents, retailers, and each of their respective advertising, PR and are not eligible to win, nor are the parents, siblings and children of any such employee, agent or representative or any person with whom such employee, agent or representative is domiciled.
- Entry: The Contest is offered electronically via the Internet at www.livingproof.com/salon/flex-your-style. All entrants who qualify are automatically entered into the contest. To qualify, entrants must successfully complete the registration form and upload a photo of a look they created using Flex Shaping Hairspray to livingproof.com. The Contest ends at 11:59 p.m. EST on September 30, 2013. Limit three (3) entries per person (one per category) during the Contest Period. If additional entries are received, only the first three entries will qualify. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals who appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant's consent to give Sponsor and Vance Publishing (“Partner”) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
- A photo Submission must be in . JPG, PNG, GIF, TIFF format and must not exceed 10 MB in size;
- Any Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
- The Submission must not feature anyone who is not at least eighteen (18) years old at the time the Submission is created;
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain images or artwork not created by entrant;
- 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 state where Submission is created.
- Prizes: There will be one grand prize (“Prize”) consisting of the full Living Proof line (RRP value of $574) and the opportunity for the winner to assist Living Proof stylist Chris McMillan and Ward Stegerhoek on a Modern Salon photo shoot. There will be 24 finalists (8 per category) and each will win a Living Proof Stylist set (RRP value of $97).
The Grand Prize Consists of:
- The entire Living Proof Collection of products (36 in total) – 1 of each product worth $574
- A day working All expenses paid trip for one day to work (One round trip coach flight, hotel and $750 spending money) alongside Chris McMillan and Ward Stegerhoek for a photo shoot (to be featured in Modern Salon Magazine in 2014)
The Prize for each Finalist:
Living Proof Stylist Kit, valued at $97 includes
For all Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
- Flex Shaping Hairspray
- Prime Style Extender
- Satin Hair Serum
- Amp2 Instant Texture Volumizer
- Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will determine the Grand Prize winner and twenty-four (24) finalists who have the highest-scoring Submissions from among all eligible Submissions based on the following criteria ("Judging Criteria"):
- Creativity/Originality (50%);
- Relevance to Theme (40%); and
- Quality (10%)
In the event of a tie, the entrant whose Submission received the highest score for Relevance to Theme amongst the tied entrants as determined by the qualified judges, in their sole discretion, will be deemed the winner of the applicable prize. Sponsor reserves the right to select fewer winners than listed above, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
- Email Permission: By providing your email address to Sponsor anywhere throughout the Contest, you consent to Sponsor's email communication with you, about the Contest or otherwise.
- Prize Award and Notification: Winners will be notified by e-mail by November 15, 2013. Prizes will be awarded only on verification by Living Proof that all contest requirements have been met by the winners. Each Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of Prizes will be allowed, unless at the discretion of the Sponsor which may substitute a Prize of comparable or greater value. The winner will have five (5) calendar days from notification to accept the Prize by e-mail. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner. If a selected Entrant cannot be contacted within the allotted time, Living Proof reserves the right to void that entry and select another eligible Entrant for that Prize. In order to be declared an official winner, the selected Entrants will be required to complete, sign and return to Living Proof, a Declaration and Release Form within five (5) days of receipt. If a selected Entrant(s) fails to complete, sign and return the Declaration and Release Form to Living Proof within five (5) days Living Proof reserves the right to void that entry and select another eligible Entrant for that Prize. By completing, signing and returning the Declaration and Release Form, the Entrant (i) confirms compliance with these Contest Rules and Regulations, (ii) releases and forever discharges the Sponsor, its affiliates and subsidiaries, Living Proof, its affiliates and subsidiaries and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the Prize, and (iii) gives permission to the Sponsor and Living Proof, at their option, to publish or otherwise use the Entrant’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or Living Proof or their respective advertising agencies. Prize awarded will be delivered by the Sponsor to the official winner within seven (7) days after receipt of the signed and fully completed Declaration and Release Form.
- Travel: All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if photo shoot is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion.
- Contest General Rules: By entering the Contest, Entrants agree to abide by these Contest Rules and Regulations and the decisions of Living Proof which are final.
- Winners List: To obtain a copy of the winner list or a copy of the Contest Rules and Regulations, send your request to: Living Proof, Flex Your Styling Power Contest, 301 Binney Street, 1st floor, Cambridge, Massachusetts 02142. Requests must be received no later than December 1, 2013 and must enclose a self-addressed stamped envelope.
- Disqualification: The Sponsor is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of this Contest or the operation of Living Proof will be disqualified. If disqualified for any of the above abuses, Living Proof reserves the right to terminate the Entrant’s eligibility to participate. In the event any portion of this Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Living Proof, which in the sole opinion of Living Proof, corrupts or impairs the administration, security, fairness or proper entry into the contest, Living Proof reserves the right, in its sole discretion, to suspend or terminate the Contest and to award Prize(s) to individuals selected at random from the pool of Entrants received up to the point of termination, if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of the Contest. In no event will more Prizes be awarded than those listed in the Contest Rules and Regulations.
- Tax Information: Liability for any applicable taxes imposed by any government, if any, on any Prize won is the sole responsibility of the winner of such Prize.
- Applicable Laws: This Contest is subject to all applicable federal, state and county laws.
- Prize Disclaimer: Living Proof shall not be responsible or liable to Entrants for any losses, damages or costs incurred as a result of Entrants entering the Contest or use of a Prize won in connection with this Contest or the failure by the Sponsor to deliver the Prize to the winner in accordance with the Contest Rules and Regulations. By participating in the Contest, each Entrant agrees to release and hold harmless Living Proof and the employees, officers, directors, shareholders, agents, representatives of Living Proof, its parent company, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
- Winner Requirements: Potential winners will be notified by email, mail or phone on or around Nov 15, 2013. Except where prohibited, the potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. The potential Grand Prize winner must also agree to be photographed and/or videotaped during the Grand Prize trip experience. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release (if applicable), does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain unawarded. Participation in the Contest shall constitute and signify each participant's agreement and consent that Sponsor and its designees may use the participant's name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. First Prizes will be fulfilled 8 - 10 weeks after end of Contest.
- General: Void outside the United States, in Alaska, Hawaii, Puerto Rico or U.S. territories and possessions, and where prohibited by law. All federal, state and local laws and regulations apply. This Contest will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the United States of America.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
Living Proof Flex Giveaway
GIVEAWAY TERMS AND CONDITIONS
- Eligibility: Living Proof Flex Giveaway (the "Giveaway") is open to legal residents of the fifty (50) United States (including D.C.), thirteen (18) years old or older at the time of entry. Employees of Living Proof, Inc.and their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. Void where prohibited.
- Timing: Giveaway begins on August 19, 2013 at 12:00 p.m. Eastern Time ("ET"), ends on September 30, 2013 at 11:59 p.m. ET (the "Giveaway Period"), and consists of five (5) weekly giveaway periods (each a "Weekly Giveaway") beginning at 9:00 a.m. ET each day during the Giveaway Period, except for the first day of the Giveaway Period which will begin at 12:00 p.m. ET. Sponsor’s computer is the official time-keeping device for the Giveaway.
- How to Receive Offer: During the Giveaway Period, visit the livingproof.com/salon/flex-hyphen-your-style (the "Site") and follow the links and instructions to register for the Giveaway. The first one hundred (1o0) people each Weekly Giveaway to successfully register will receive a Living Proof Flex Shaping Hairpsray (the "Offer"). Limit: Each participant may receive one (1) Offer. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than one (1) Offer by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's Offer and that participant may be disqualified. The Offer will be fulfilled within 8 – 10 weeks following the conclusion of the Giveaway Period.
- Sponsor: Living Proof, Inc., 301 Binney St., Cambridge, MA 02142. Administrator: Living Proof, Inc., 301 Binney St., Cambridge, MA 02142.
- Release: By receipt of the Offer, participant agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of the Offer.
- Publicity: Except where prohibited, participation in the Giveaway constitutes recipient’s consent to Sponsor’s and its agents’ use of recipient's name, likeness, photograph, voice, opinions, content submissions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- Email Permission: By providing your email address to Sponsor anywhere throughout the Giveaway, you consent to Sponsor’s email communication with you, about the Giveaway or otherwise.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Giveaway or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Giveaway; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Giveaway or receipt or use or misuse of any Offer.
- Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any Offer awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
Abbreviated Terms and Conditions
Open to legal residents of the 50 U.S. (including D.C.), 13 years old or older. Giveaway ends 11/21/12. For complete Terms and Conditions and complete details, visit www.facebook.com/livingproofinc.