DREAM SALON MAKEOVER SWEEPSTAKES OFFICIAL RULES
By: Kenra Professional
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 by law and outside the United States. Subject to all federal, state, and local laws, regulations, and ordinances. Sweepstakes begins on January 10, 2022 at 12:01 AM Pacific Time and ends on March 31, 2022 at 11:59 PM Pacific Time (the “ Sweepstakes Period ”). Sponsor’s computer is the official time keeping device for this Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc., Facebook, Inc., or Twitter, Inc.
1. Eligibility: THIS IS A TRADE PROMOTION AND IS NOT OPEN TO THE GENERAL PUBLIC. The Kenra® Professional Dream Salon Makeover (for 10 Colorful Years) Sweepstakes (the “ Sweepstakes ”) is open to licensed cosmetologists only (salon owners or independent booth renters) , who are legal U.S. residents currently residing in the 50 United States and the District of Columbia, who are 18 years of age or older (19 years of age or older if a resident of AL or NE; 21 years of age or older if a resident of MS) as of the date of entry. Employees, officers, and directors of Henkel Corporation (“ Sponsor ”) or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, or web masters (collectively, the “ Sponsor Entities ”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. 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 Sweepstakes and which Sponsor may decide in its sole discretion. Winning a
prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor: Henkel Corporation, acting through its Kenra Professional division, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230.
3. How to Enter: During the Sweepstakes Period, visit Sponsor’s website at www.kenraprofessional.com/10-colorful-years and complete the registration form. Upon submitting the registration form, you will receive one (1) Sweepstakes entry. Limit one (1) entry per person and per email address via this method.
After submitting the registration form, you can also earn five (5) extra entries by uploading a video of up to two (2) minutes long via the Website that shows your salon and describes why you deserve the makeover. All videos must comply with the video submission guidelines in Section 4 below in order to qualify for the extra entries. Upon submission of the video and confirmation by Sponsor that the video complies with the submission guidelines below (as determined by Sponsor in its sole discretion), you will receive five (5) additional Sweepstakes entries. Limit five (5) entries per person and per email address via this method.
LIMIT SIX (6) TOTAL SWEEPSTAKES ENTRIES PER PERSON AND PER EMAIL ADDRESS . Sponsor will not be responsible or liable for failure to receive entries due to transmission failures or technical failures of any kind, including without limitation, electronic malfunction of any network, hardware or software. Proof of submission does not constitute proof of entry. Sponsor reserves the right in its sole discretion to cancel or suspend the Sweepstakes should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation, the prize will be awarded in a random drawing from among all eligible entries received prior to cancellation.
Use of any automated or bulk system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address associated with the account used to register will be deemed to be the entrant. 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. Each potential winner may be required to show proof of being an authorized account holder.
Entries not in compliance with these Official Rules will be disqualified, in Sponsor’s
sole discretion. Entries generated by a script, macro, bot or any other automated means will be deemed void. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
4. Video Submission Guidelines: Videos that do not meet the following guidelines are subject to disqualification at Sponsor’s sole and absolute discretion:
• Videos must comply with these Official Rules.
• Except for materials that are in the public domain, the video, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
• Videos must not have been submitted previously in any sweepstakes or contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means, including through social media.
• Except for materials in the public domain, videos must include only materials created by the entrant and must not infringe on the intellectual property rights or other of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Sweepstakes. Do not include materials, images, graphics, music or trademarks belonging to any third parties. Do not depict or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary from such other party (and, their parent/legal guardian, if they are under the legal age of majority in their jurisdiction of residence) to permit you to use same in connection with your video and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos may be disqualified, however, Sponsor understands that it may be difficult to exclude certain brand names, logos, etc. when showing your salon.
• Videos must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) contains viruses, trojan horses or other technologies that could adversely impact the Sweepstakes; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
• The video should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual except as necessary to establish permission from any individuals that appear in the video.
• No background artwork should appear in the videos unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in videos must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein. However, Sponsor understands that it may be difficult to exclude certain images, artwork, photographs, etc. when showing your salon.
5. Winner Selection: One (1) potential grand prize winner and two (2) potential runners up will be selected at random from among all eligible entries received on or about April 8, 2022. The odds of winning depend on the total number of eligible entries received. Sponsor reserves the right to verify that the potential winners are eligible and qualified to receive a prize and may revoke any prize awarded or designated to a person found ineligible. A participant is not a winner of any prize, even if the entrant receives notification stating he or she has won, unless and until participant’s eligibility has been verified and participant has been notified that verification is complete.
Attempts to notify the potential winners will be made by the Sponsor via the email address used to complete the entry form. Potential winners will be required to contact Sponsor via email response within seven (7) days of attempted notification. Sponsor is not responsible for any change of email address of entrants. In the event of non-compliance with these Official Rules, or if a prize notification or prize is unclaimed or returned as undeliverable, the prize will be forfeited, and an alternate winner may be selected at random from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
The potential prize winners will be required to execute and return an Affidavit or Declaration of Eligibility and Liability/Publicity Release (“ Winner Documentation ”) within seven (7) days of when the documents are mailed or emailed, or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return any required Winner Documentation within the required time period, or if a prize or prize notification is returned as undeliverable, potential winner forfeits prize.
6. Prize: The grand prize winner will receive a salon makeover facilitated by an interior design agency worth twenty-five thousand dollars ($25,000.00 USD). Each runner up will receive a Kenra Color products package worth five hundred dollars ($500.00 USD). The total approximate retail value of all prizes combined is twenty-six thousand dollars ($26,000.00 USD). LIMIT ONE (1) PRIZE PER PERSON.
By accepting the grand prize, the grand prize winner agrees to participate in a before-and-after photo and video shoot of the winner’s salon that will showcase the grand prize salon makeover process (the “ Makeover Recordings ”). Scheduling and additional details for the Makeover Recordings will be communicated to the grand prize winner separately. In addition to the right of publicity grant set forth in Section 9 below, the grand prize winner agrees that Sponsor shall own the Makeover Recordings and all intellectual property rights therein, and that Sponsor has the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, at any time or times, the Makeover Recordings for advertising, trade, and promotional purposes without additional consideration, compensation, permission, or notification.
Sponsor will not replace any lost, mutilated, or stolen prizes.
All federal, state and local taxes on the prize are the sole responsibility of the winner. No substitutions or other alternative is available, except that Sponsor may substitute a prize of equal or greater value should a prize item become unavailable. Prizes are non-transferable and non-assignable. Prizes by third-party vendors may be shipped by a third-party and not Sponsor.
Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. 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 above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
7. General Conditions: 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 Sweepstakes. 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. Sponsor’s failure to enforce any 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 SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES,
PARTICIPANT AGREES THAT INSTAGRAM, INC., FACEBOOK, INC., TWITTER, INC., AND THE SPONSOR ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS 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 PRIZES, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE SPONSOR ENTITIES 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, WEATHER, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING WITHOUT LIMITATION AN EPIDEMIC OR PANDEMIC) OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE SPONSOR ENTITIES 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, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, 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. WINNER PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND THE SPONSOR ENTITIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, TESTIMONIALS 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.
10. INTELLECTUAL PROPERTY: BY SUBMITTING A VIDEO FOR EXTRA ENTRIES, ENTRANT AGREES THAT ALL SUBMISSIONS THAT ENTRANT MAY SUBMIT TO SPONSOR OR OTHERWISE POST IN CONNECTION WITH THIS SWEEPSTAKES (“ SUBMISSION ”),
INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR SOME OTHER MEANS, ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, THROUGHOUT THE WORLD IN PERPETUITY, FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS TO SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, NON-EXCLUSIVE, PERPETUAL WORLDWIDE LICENSE TO USE AND EXPLOIT ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SUBMISSION IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSION, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. EACH ENTRANT REPRESENTS AND WARRANTS TO THE SPONSOR THAT THE SUBMISSION IS AN ORIGINAL WORK OF THE ENTRANT WHICH DOES NOT INFRINGE ANY RIGHTS OF ANY THIRD PARTY. A BREACH OF THE WARRANTY SET FORTH HEREIN WILL RESULT IN THE ENTRANT’S ENTRY BEING INVALID. IN ADDITION, EACH ENTRANT INDEMNIFIES THE SPONSOR AGAINST ALL LOSS, DAMAGES AND COSTS INCURRED BY THE SPONSOR ARISING FROM THAT ENTRANT’S BREACH OF THE WARRANTY SET FORTH HEREIN. ENTRANT WAIVES ANY MORAL RIGHTS HE OR
SHE MAY HAVE TO THE SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE THE SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSION OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSION.
11. Disputes: This Sweepstakes is governed by the laws of the United States. Except where
prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate State Court located in Los Angeles County, California; (2) any and all claims, judgments and awards shall be
limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed fifty US Dollars (US$50.00), 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 Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
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.
13. Official Rules and Winner List: For a copy of these Official Rules, visit www.kenraprofessional.com/10-colorful-years-sweepstakes-rules. For a copy of the list of the winners, send a self-addressed stamped envelope by to: Kenra Dream Salon Makeover Sweepstakes Winner List, Henkel Corporation, acting through its Kenra Professional division, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230.
Copyright ©2021 Henkel Corporation. Kenra® is a registered trademark of Henkel Corporation. All rights reserved.