Kenra Professional’s Color’s #FrostFixation Contest

OFFICIAL RULES

VOID IN ARIZONA, COLORADO AND MARYLAND, OUTSIDE THE UNITED STATES, AND WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.

Eligibility: Kenra Professional’s Color’s #FrostFixation Contest (“Contest”) is open only to licensed cosmetologists who are legal residents of, and physically located within, the 50 United States and the District of Columbia, excluding residents of Arizona, Colorado and Maryland, who are twenty-one (21) years old at the time of entry.  Void where prohibited.  All federal, state and local laws and regulations apply.  Employees of Kenra Professional (“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 Contest (collectively with the foregoing persons or entities, the “Contest Entities”) are not eligible to participate. Sponsor reserves the right to verify the eligibility of winners.

Entry Period:  Entries may be submitted during the period commencing at 12:00:01 AM Pacific Time (“PT”) on February 5, 2018 and ending at 4:00:00 PM PT on March 30, 2018 (“Term”). Sponsor’s computer is the official time keeping device for this Contest. There will be two (2) Contest winners total in this Contest (collectively the “Contest Winners”).

How To Enter:  In order to enter the Contest, during the Term, visit the Kenra Professional website (located at http://www.kenraprofessional.com/FrostFixation) (“Sponsor’s Website”) and follow the onscreen instructions, which will require you to upload a photo either on Instagram or the Kenra Professional Facebook wall (located at www.facebook.com/kenraprofessional) that showcases your best overall frosty hair color using the Kenra Color Demi-Permanent Frost Collection, and include the following in the caption of the photo: the formulations and techniques used for the frosty hair color shown in the photo, tag @kenraprofessional, and use the hashtags #KenraColorContest and #FrostFixation. (If you choose to upload the photo on Instagram, your Instagram account must be set to the “public” setting for your entry to be seen and received.) If you do not have an Instagram account or Facebook account, you may sign up for a free account at www.instagram.com and www.facebook.com, respectively. Entries using macro, robotic, script, or other forms of automatic entry will be disqualified.  Entries become the property of the Sponsor and will not be returned.  Proof of submission does not constitute proof of receipt.  You may enter as many different looks as you want, but all looks/colors must be different. Submitted images must contain no other people, logos, or products. Image cannot have been entered into any other contests or promotions. You must have rights to the images of the hair color work that you submit.

All potential winners are subject to verification before any prize will be awarded. By entering, you agree that Sponsor may contact you via social media, including on Facebook or Instagram, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. 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.  Any attempt by any participant to obtain more than the stated number of 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.  In the event of a dispute as to any entry, the authorized account holder of the Facebook or Instagram account (whichever is relevant) used to enter will be deemed to be the entrant.  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize.  Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. 

By participating in this Contest, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Contest in the entry and any online social sharing interaction that references the Contest or that is used to obtain entries in connection with this Contest. At a minimum, the hashtags #FrostFixation and #KenraColorContest should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Term.

Prizes/Values/Odds:  Two (2) Contest Winners will each be awarded the Grand Prize, which consists of:

·         Two (2) Royal Caribbean cruise vouchers, one for the Winner and one for the Winner’s guest (“Guest”), to be used for the Winner’s choice of Royal Caribbean Cruise. Approximate retail value (“ARV”) of each individual voucher is $1,500.00; and

·         One (1) airfare voucher worth $1,500 total to use towards the Winner’s and/or Guest’s flight to and/or from the Winner’s and/or Guest’s residence and the destination where the cruise departs from.

ARV of each Grand Prize is up to $4,500. Total ARV of all prizes is up to $9,000. Issuer terms and conditions apply to vouchers; see front and back of voucher for terms. Each Contest Winner is solely responsible for all local, state and federal taxes on his/her Prize including sales or use taxes, as well as any expenses related to participation in the Contest or acceptance of a Prize.   The United States Internal Revenue Service (IRS) requires Form 1099-MISC to be issued and filed for each Contest Winner who receives a Prize if the amount of the prize is $600 or more.  Sponsor will send each Contest Winner a W9 form, which must be completed and returned to Sponsor, for the Contest Winner to receive the Prize.  A copy of the Form 1099-MISC filed by Sponsor, will be sent to Contest Winner.  The Form 1099-MISC will be issued for the fair market value of the Prize.  Any Contest Winner who fails to provide information sufficient to complete Form 1099-MISC (including, without limitation, Contest Winner’s social security number) shall forfeit any and all rights to the applicable Prize.  There will be no substitutions or cash redemptions made for any Prize.  Sponsor will not replace any Prize that is lost, mutilated, or stolen.  Odds of winning a Prize depend on the number of eligible entries received and the voting judgments made by the Contest judges.  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 Contest 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 Contest.  If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described below from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

Prize-Related Travel: Failure to complete the trip included in the Prize does not relieve the Grand Prize Contest Winner of his/her tax obligations associated with winning the Prize.  If Grand Prize Contest Winner and/or Guest resides within a 60 mile-radius of the destination from where the cruise departs from, Sponsor reserves the right to substitute round-trip ground transportation up to $1,500.00 to/from Grand Prize Contest Winner and/or Guest’s residence in lieu of air transportation. Travel may be subject to availability and blackout dates. Grand Prize Contest Winner and Guest are responsible for obtaining all necessary travel documents. Once Grand Prize Contest Winner receives the Grand Prize, Grand Prize Contest Winner and Guest will be responsible for making all related travel arrangements. Sponsor shall not be responsible for making any travel arrangements. Certain travel restrictions may apply. Specific prize details not specified herein will be made and determined in Sponsor’s sole discretion.  It is the Grand Prize Contest Winner’s and his/her Guest’s sole responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary identification (including photograph) at the time of travel.  Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.  Grand Prize Contest Winner may be required to provide a credit card at time of cruise check-in to cover incidentals.  All meals, gratuities, in-room charges, travel expenses, travel and other insurance, carrier fees, government charges, transfers, ground transportation, taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the Prize are the sole responsibility of the Grand Prize Contest Winner.  Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Royal Caribbean and Sponsor’s airline carrier of choice as detailed in the passenger ticket contract.  The passenger contracts in use by Royal Caribbean, the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Contest Winner’s and Guest’s transportation and such contracts shall be solely between the Grand Prize Contest Winner, Guest and such transportation companies.  Lost, stolen or damaged airline or cruise tickets will not be replaced or exchanged.  Airline tickets issued in connection with the Grand Prize may not be eligible for frequent flyer miles or upgrades. Grand Prize Contest Winner’s Guest must be at least 18 years old and the age of majority in the Guest’s state of residence, unless Grand Prize Contest Winner is the Guest’s parent or legal guardian.  Grand Prize Contest Winner agrees that his/her Guest must comply with Sponsor’s and each Prize provider’s procedures and policies and must complete, sign, have notarized and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor or travel will not be allowed.  If Guest is a minor in his/her state of residence, minor’s parent/legal guardian must complete and return all releases on behalf of minor. Once selected by Grand Prize Contest Winner, Guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. If Grand Prize Contest Winner elects to travel or participate in prize travel with more than one (1) Guest, such additional guest(s) shall be responsible for any and all costs associated with such travel.

In the event Grand Prize Contest Winner and/or Guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Grand Prize Contest Winner and/or Guest home with no further obligations or compensation whatsoever to Grand Prize Contest Winner and/or Guest (which may, in Sponsor’s sole discretion, result in such Grand Prize Contest Winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s).  In the event Grand Prize Contest Winner or Guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Grand Prize Contest Winner or Guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize Contest Winner or Guest as a result of such conduct.  Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of Grand Prize contest Winner’s or Guest’s acceptance or use of the Prize.

Judging and Notifications: Between March 31, 2018 at 12:00:01 AM ET and April 4, 2018 at 11:59:59 AM ET (the “Voting Period”), a panel of five (5) independent judges (Sarai Spear, Brooke Benton, Emma Hancock, Jenny Strebe and Frances Garcia (subject to change)) will review all eligible entries received. The judges will judge the entries using a 1-10 scoring system in the following categories: Overall Color/Style Execution (50%), Creativity/Originality (30%), Production Quality (10%), and Description of Formula/Technique (10%). In the event of a tie, the Contest Winner shall be the entry that receives the highest score in the Overall Color/Style Execution category first, then the Creativity/Originality category. The two (2) entrants with the highest scores will be deemed the Contest Winners, absent any disqualification or ineligibility as determined by Sponsor in its sole discretion and in accordance with these Official Rules. The Contest Winners will be contacted on or around April 5, 2018 via Facebook or Instagram, whichever was used to enter the Contest.  Except where legally prohibited, each Contest Winner may be required to sign an affidavit of eligibility and a liability and publicity release and return these documents within five (5) business days of being notified.  In the event any Contest Winner chooses not to accept his/her Prize, is not in compliance with these Official Rules, is unable to be notified or any notice or a Prize is undeliverable, fails to sign and return the affidavit of eligibility and liability and publicity release within the required time period (if applicable), or is disqualified for any reason, Prize will be forfeited and an alternate winner will be selected from all of the remaining qualified entrants.  Only three (3) alternate drawings will be held, after which any remaining Prizes will 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:  All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE contest.  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.

PRIVACY POLICY/DATA COLLECTION: Entrant information collected in connection with this Contest may be used to execute the Contest.  Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of Entry, information provided by you for this Contest may be used by Sponsor in sending future promotional communications and is subject to Sponsor's privacy policy.  For a copy of Sponsor’s privacy policy, please contact Sponsor at (800) 428-8073 or visit http://www.kenra.com/Privacy.aspx.

General: This Contest is governed by the laws of the United States.  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 Contest. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; 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 will not be deemed proof of receipt 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 CONTEST OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Entrants agree to indemnify and hold harmless Kenra Professional®, Sarai Spear, Brooke Benton, Emma Hancock, Jenny Strebe and Frances Garcia (and any other Contest judges) from any claims, suits, losses, damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. By entering this Contest, entrants agree to by bound by these Official Rules and the decisions of Sponsor, as determined in its sole discretion, on all matters relating to the Contest, which are final and binding. By participating in the Contest, entrant agrees to indemnify, defend, release, discharge and hold harmless Sponsor, Facebook, Instagram, and their respective parent companies, affiliates and/or subsidiaries, and their respective employees, directors, officers, agents, and the Contest judges Sarai Spear, Brooke Benton, Emma Hancock, Jenny Strebe and Frances Garcia (subject to change) (the “Released Parties”) from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with: (i) the receipt, ownership, possession, use, or misuse of any Prize by Grand Prize Contest Winner and Guest; (ii) entrant’s and Guest’s participation in the Contest and/or any Contest related activity, including, without limitation, claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws arising from entrant’s entry and any exploitation of any or all of the rights granted to Sponsor, including, without limitation, the rights to entrant’s entry.  Entries must not include any provocative, crude or foul or otherwise offensive gestures, graphics or content and any submission that contains any of the aforementioned will be subject to immediate disqualification, as determined by Sponsor in its sole discretion.  Deleting/removing an entry prior to winner selection will disqualify such entry. By entering, entrant hereby agrees to, and does grant to Sponsor a worldwide, paid-up, irrevocable and unlimited license to use, copy, distribute, perform, display, publish and prepare derivative works from entrant’s entry in perpetuity (or for the longest period of time otherwise permitted by law).  Entrant agrees to promptly execute any document deemed reasonably necessary by Sponsor to affect the license of the entry to Sponsor.  Entrant agrees, without limiting the license granted by Entrant above, that entrant’s entry may be published, without further compensation, on Sponsor’s website pages, Kenra Professional Facebook fan page, and/or marketing materials, whether selected for a Prize or not.  By entering, entrant represent that: (i) entrant’s entry is its own original work; (ii) entrant owns or has the rights to convey any and all right to convey the license above in any material submitted as part of entrant’s entry; (iii) all information provided is complete, true and correct; (iv) entrant has the written consent, release and/or permission of each and every participant in the photos submitted as contemplated by these Official Rules; and (v) entrant’s entry does not infringe upon or otherwise violate any copyright, any rights of privacy or publicity of any person, or any other right of any third party.  Modifying, enhancing or altering one’s own, or a third party’s, preexisting work does not qualify as entrant’s original creation.  Sponsor is not responsible for any typographical or other error in the offer or administration of this Contest, or in the announcement of Contest Winners and Prizes.  In the event Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest as planned is undermined by any event including but not limited to any error, virus, bugs, non-authorized human intervention, action of entrants, or other causes beyond the reasonable control of Sponsor that corrupt or impair the administration, security, fairness or proper play of the Contest, and any fire, flood, weather event, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to disqualify any entry and to abbreviate, modify, suspend, cancel, or terminate the Contest and award the Prizes from among all eligible entries received up to that date.  All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Contest, the meaning or interpretation of the rules or any Prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state.  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.  ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS. 

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES EACH WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, 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.

Sponsor:  Kenra Professional, LLC, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230, whose decisions, as determined in its sole discretion, are final and binding as to all aspects of this Contest.

Winner’s List:  For a list of winners, send a self-addressed stamped envelope on or before May 18, 2018, to Sponsor. Vermont residents may exclude return postage.

Copyright ©2018 Kenra Professional, LLC. All rights reserved.

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