Kenra Professional® Upgrade Contest

OFFICIAL RULES

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. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, YOUTUBE, TWITTER, FACEBOOK OR INSTAGRAM.

1.     Eligibility: The KENRA PROFESSIONAL® Upgrade 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, who are 18 years old or the age of majority in his/her state of residence, whichever is older at the time of entry. All federal, state and local laws and regulations apply. Employees of Henkel Corporation, acting through its Kenra Professional division (“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.

2.     Entry Period:  Entries may be submitted during the period commencing at 11:59 PM Pacific Time (“PT”) on October 2, 2019 and ending at 11:59 PM PT on November 2, 2019 (“Term”). Sponsor’s computer is the official time keeping device for this Contest.

3.     How To Enter: Post a photo or video showing why you OR your salon deserves a $5k upgrade to Instagram or Facebook with #KenraUpgradeContest & tagging @kenraprofessional

·       Must have a public account profile

·       Limit two (2) entries per person for each day of the Promotion

By entering, you agree that Sponsor may contact you via email and/or name 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. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.  Multiple entrants are not permitted to share the same email address.  In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the participant. 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.  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize.  Entries specifying an invalid, non-working, or inactive email address will be disqualified.  

Winner Selection and Notifications: On or about November 6, 2019, all entries will be reviewed by a panel of qualified judges, determined by Sponsor, will select the name of one (1) potential winner. Potential winners will be judged based on the following criterion: Photo/video creativity (80%) and Production Quality (20%), will be chosen from among all eligible entries received during the Term and, absent any disqualification or ineligibility as determined by Sponsor in its sole discretion and in accordance with these Official Rules, that person will be deemed the “Contest Winner”. In the event of a tie, the Contest Winners shall be the entry that receives the highest score on the Overall Creativity. The Contest Winner will be contacted via the email, Facebook or Instagram account used to enter the Contest. Except where legally prohibited, the Contest Winner may be required to sign an affidavit of eligibility and a liability and publicity release and return this document within five (5) business days of being notified in order to claim his/her Prize. In the event the Contest Winner chooses not to accept his/her Prize, is not in compliance with these Official Rules, is unable to be notified, if any correspondence from Sponsor or a Prize is returned as undeliverable, if Contest Winner fails to sign and return the affidavit of eligibility and liability and publicity release within the required time period (if applicable), or if Contest Winner is disqualified for any reason, Prize will be forfeited and an alternate winner will be selected from all of the remaining qualified entrants. Only one (1) alternate drawings will be held, after which the Prize may 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 Prize, including, but not limited to, its quality or fitness for a particular purpose.

Verification of Potential Winners:  potential WINNERS IS 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.

4.     Prizes/Values/Odds: One (1) Contest Winner will be awarded the “Prize”, which consists of:

·       $5k salon makeover

·       One (1) year supply of Kenra Shampoos and Conditioners (Total: 24 shampoos liters & 24 conditioners liters)

·       Kenra Color Maintenance 6 Shampoos & 6 Conditioners liters

·       Kenra Strengthening 6 Shampoos & 6 Conditioners liters

·       Kenra Moisturizing 6 Shampoos & 6 Conditioners liters

·       Kenra Volumizing 6 Shampoos & 6 Conditioners liters

·       Total ARV of Prize: $5,744.00. 

Limit one prize per person and per household. 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 or any component of the Prize that is lost, mutilated, or stolen.  Odds of winning a Prize depend on the number of eligible entries received. 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.

5.     PRIVACY POLICY/DATA COLLECTION: Entrant information collected in connection with this Contest may be used to execute the Contest and 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 visit http://www.kenraprofessional.com/privacy

6.     General: 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, or proof of completion of activity such as visiting Sponsor’s Facebook page, Instagram page or signing up for Sponsor’s newsletter, will not be deemed proof of receipt of entry 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. 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. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Contest; 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.  If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Contest (or any portion thereof); (b) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. 

BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE CONTEST ENTITIES, YOUTUBE, FACEBOOK, INSTAGRAM, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS 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 PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES 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, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE. THE RELEASED PARTIES 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, OR TERRORISM.

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.

7.     Disputes. 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 the 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. 

 8.     Sponsor:  Henkel Corporation, acting through its Kenra Professional division, 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.

Official Rules and Winner’s List:  For a copy of the Official Rules, visit https://www.kenraprofessional.com/upgrade-you-backbar-contest-rules. For a list of winners, send a self-addressed stamped envelope on or before November 25, 2019, to Sponsor at Henkel Corporation, acting through its Kenra Professional division, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230. Vermont residents may exclude return postage.

Copyright ©2019 Kenra Professional, a division of Henkel Corporation. Kenra Professional® are registered trademarks of Sponsor.  All rights reserved.