Wella Professional 3D color contest T&C_approved_v2

3D COLOR CHALLENGE
TERMS AND CONDITIONS
PROCTER & GAMBLE TERMS & CONDITIONS FOR
WELLA PROFESSIONALS “3D COLOR CHALLENGE”
STYLIST CONTEST AND CONSUMER SWEEPSTAKES
This is an online Promotion offered by WELLA Professional, a Procter & Gamble Salon Professional brand (Procter & Gamble
International Operations, Sarl) [47, Route de St Georges, 1213 Petit-Lancy, Geneva, Switzerland] (“Procter & Gamble” or
“Sponsor”).
NO PURCHASE NECESSARY TO ENTER OR WIN EITHER THE STYLIST CONTEST (“CONTEST”) OR THE CONSUMER SWEEPSTAKES
(“SWEEPSTAKES”) (STYLIST CONTEST AND CONSUMER SWEEPSTAKES COLLECTIVELY REFERRED TO AS “PROMOTION”). THE
PROMOTION OPEN TO LEGAL RESIDENTS OF WHO ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN THE
STATE/PROVINCE IN WHICH THEY RESIDE, IF OLDER THAN 18 YEARS OF AGE), AND WHO ARE REGISTERED MEMBERS OF THE
PROMOTION SITE (AS DESCRIBED IN SECTION 3 BELOW) ON DATE OF ENTRY. ENTRANTS OF THE STYLIST CONTEST MUST BE
EMPLOYED BY A SALON AS STYLIST AT THE TIME OF ENTRY TO THE CONTEST. THIS PROMOTION IS VOID IN, AND WHERE
PROHIBITED BY LAW.
1. PROMOTION DATES: The Wella Professional 3D color contest begins May, 6th, 2011 at 12:00:01 AM GMT, and ends June
10 th at 11:59:59 PM GMT (“Promotion Period”). All days below refer to GMT. During the Promotion Period there are a series of
events which start and end on or about the dates and times noted below:
Events
Stylist & Consumer
Entry Period
Public Voting Period
Selection
of
Finalists by Wella Professionals Jury
Drawing of consumer sweepstake winner
Final winner announcement
Start May 6 th , 2011
End
June 10 th
Start May 9 th , 2011
End
Start
End
(4PM ET)
June 7 th
June 8 th
June 13 th
June 15 th
June 20 th
If time allows, contest can be prolonged. Will be announced on June 3 rd
Unless otherwise noted, Start times begin at 12:00:01 AM GMT.
End times conclude at 11:59:59 PM GMT.
2. ELIGIBILITY: Who can enter
TO BE ELIGIBLE TO WIN, YOU MUST BE: 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN THE COUNTIES IN WHICH THEY
RESIDE, IF OLDER THAN 18 YEARS OF AGE) [NB: No valid agreement to the T&Cs can be obtained from under 18], A LEGAL
RESIDENT OF GERMANY, UNITED KINGDOM, GREECE AND NETHERLANDS.
Officers, directors, and employees of The Procter & Gamble Distributing LLC, Proximity BBDO, Hypermedia Isobar and each of
their respective parent, subsidiary and affiliated companies, distributors, advertising, promotional and judging agencies,
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3D COLOR CHALLENGE
TERMS AND CONDITIONS
persons engaged in the development, production, or distribution of materials for this Promotion (collectively, the “Promotion
Parties”) and the immediate family members (parent, child, sibling, spouse, grandmothers, and/or grandfathers of each) of,
and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This
Promotion is void in and where prohibited or restricted by law or regulations.
3. HOW TO ENTER: : No purchase necessary, and no entry fee, payment, or proof-of-purchase purchase necessary to participate in the
Promotion. During the Promotion Period go to www.facebook.com/wellainternational or wella.com (the “Promotion Site”)
and, if currently an account holder, log-in, or if not an account holder create an account. There is no fee to set up an account
and become a “Registered User”. You will be required to become an account holder before being able to participate in the
Promotion.
For the Stylist Contest: After logging in to the Promotion Site, follow the instructions provided and upload a photo of the
ultimate 3D color effect you’ve created. Please note that while you will be allowed to submit up to three (3) supporting
photographs of your hairstyle, only your primary photograph will be considered for the Contest. An entrant may only submit
once during each Entry Period. Entrants nts MAY NOT submit entries for any person other than themselves. Any entries not
submitted in accordance with the instructions provided on Promotion Site and the terms and conditions herewith, shall not be
considered in the Stylist Contest and none of the Promotion Parties shall bear any responsibility for any such incorrect entries.
Stylist Submission Requirements and Guidelines “Technical Requirements”:
• Photo entry files must be in .jpg, .gif, or .bmp format and have a maximum file size of 5MB.
• If the photo contains any brand names or trademarks they must not be any other than the Wella Professionals image,
brand name, and trademarks.
• The person on whom you performed the hair design, including yourself, must be 18 years of age (or the age of
majority in the state/province in which they reside, if older than 18 years of age), or older, and must be the ONLY
person depicted in the photo.
• It’s the sole responsibility of the entrant to make sure that possible persons in the photo have given their explicit
consent to participate in the competition. The Promoter is entitled to reject uploading or remove any uploaded photo
if it believes that such required consent has not been collected or if the photo has a content that is obscene or
otherwise is not suitable for publication
NOTE: If your entry is selected as a Finalist in the Stylist Contest, you will be required to supply the written consent of
the photographer (if not you) and the person featured in the photo.
In addition to the requirements and guidelines above, entries must not contain obscene or pornographic material, contain
defamatory or libelous statements, invade privacy rights, exploit individuals under the age of eighteen (18) or in any other way
violate applicable laws and regulations. Entries containing any such content and/or otherwise deemed by Sponsor, in its sole
discretion, to be inappropriate will be disqualified.
Rules of Entry
This Promotion is for your personal entertainment and we expect you to enjoy it while abiding by the following rules:
a. If the Promotion requires a photo of you being uploaded, it must be a photo of you or if the photo
represents another person, you must have the express, written consent of that person prior to uploading
and nobody else, famous or otherwise.
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3D COLOR CHALLENGE
TERMS AND CONDITIONS
b. You should not upload (i) any content belonging to anybody else, such as material which contains
trademarks and/or copyright protected material, any material broadcast on TV or Radio, or any other
material that does not belong to you or which you do not have consent to use; (ii) any sensitive
information about someone’s mental or physical health, political or religious beliefs; (iii) anything that is
derogatory to any person or members of a particular race, nationality, sex, sexual orientation or religion
or incite hatred of particular groups; (iv) anything that is abusive, bullying or name calling of other
people; (v) anything that in any way exposes information of a private nature, is spam, is sexually explicit,
depicts violence, sadism or cruelty; (vi) anything that condones illegal drug usage; (vii) anything that
portrays any corporation negatively; (viii) anything which promotes your own products or services.
You retain all of your ownership rights in your uploaded content and by entering the Promotion and uploading
your content; there is no assignment of any intellectual property rights in your material to Procter & Gamble.
However, by submitting your content, you hereby grant to Procter & Gamble a worldwide, non-exclusive, royaltyfree,
perpetual, transferable licence to use, reproduce, distribute and display the content in any media from time
to time required for the purposes of the Promotion and for a period of 2 years after the promotion in marketing
material for the Wella Professionals including online, print brochures, trade and consumer advertising and inother
submissions. You
understand that your entry will be accessible by all viewers of the onto which is it uploaded until end of the
salon material). This refers to the winners and finalists of the contest as well as all competition. This licence granted by you terminates when you remove or delete any material from the
4. RANDOM DRAWING FOR CONSUMER SWEEPSTAKES GRAND PRIZE: : A random drawing to select the potential Consumer
Sweepstakes Grand Prize Winner from among all eligible voters received will be conducted on or about June 15, 2011.
Each time the consumer votes, she/he maximizes his/her luck to win.
The winner will receive a 3D hair makeover at a hairdresser salon close to her home. The prize will include the trip there,
possible stay (1 night) and the hair make over.
Drawing will be conducted by an independent judging organization, whose decisions are final and binding on all matters
relating to this Sweepstakes. Potential Consumer Winner is subject to eligibility verification and compliance with these
Official Rules. Wella Professionals. will notify him/her via email, phone, and/or postal mail at the postal address provided
within one (1) business day of prize drawing. The potential Consumer Winner will be required to sign, have notarized and
return to Procter & Gamble Salon Professional an affidavit of eligibility/release of liability, and, where legal, a publicity
release within two (2) days of issuance of notification Failure to complete and return the documents in the time noted, or
if prize notification is undeliverable, may result in disqualification and an alternate winner may be selected at Sponsor’s
discretion. Acceptance of the prize constitutes permission for the Sponsor and its designees to use the results and
proceeds of Consumer Winner’s services hereunder and the name, voice, actual or simulated likeness, and biographical
information of winner and/or travel companion in connection with the Sweepstakes and the exploitation thereof
(including, without limitation, for public relations, advertising and promotional purposes) in perpetuity, throughout the
universe, in all media whether her now known or hereafter devised, without additional compensation unless prohibited by
law. Odds of winning prize are subject to the total number of eligible entries received.
5. STYLIST CONTEST PUBLIC VOTING TO DETERMINE FINALISTS:
As noted in Section 1 above, all eligible stylist entries received during each Entry Period will be posted to the Promotion Site
and made available for public voting from May 9 th to June 6 th, 2011 to determine the top 10 stylist as finalists to compete for
the grand price. Website-Users will have the opportunity to critically evaluate, using the Judging Criteria (as defined in Section
5 below), and vote for entries that they consider matching the criteria well. Website-Users may vote a maximum of once per
image during the Consumer Voting Period (May 9 th – June 6th). Subsequent votes submitted by any User in excess of stated
daily maximum limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means,
including, without limitation, offering prizes or other inducements to members of the public, as determined by the Sponsor
and/or Administrator in their sole discretion. Use of these techniques, or of script, macro, or any automated system to vote or
with the intent t to impair the integrity of the voting process is prohibited and all such votes will be void and, further, may lead
to the disqualification of the applicable entry.
6. JUDGING CRITERIA STYLIST CONTEST: All eligible entries will be judged in relation to the following judging criteria:
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3D COLOR CHALLENGE
TERMS AND CONDITIONS
• Overall appearance and consistency with the 3D color effects – 40%
• Inspiration behind the look and the skillful use of Wella Professional products to create the look – 30%
• Originality of style – 30%
At the end of the public voting Period, all eligible votes received will be counted and recorded. The ten (10) entries that receive
the highest percentage of “love” votes are determined as finalists to compete for the London 3D color portfolio prize.
On top, a panel of three Wella Professionals expert judges (collectively, “Judges”) will select the winner.
Notwithstanding the above, the Promotion Parties reserve the right, in their sole discretion, to choose alternative top ten (10)
entries and to replace any of the publicly voted top ten (10) entries if they determine in their sole discretion, that the replaced
entry does not adequately satisfy the Technical Requirements and/or the spirit of the Contest as set forth herein.
7. NOTIFICATION OF FINALISTS: Designation as a potential Finalist is subject to eligibility verification and compliance with
these Official Rules. Wella Professionals will notify the potential Finalist via email, phone, and/or postal mail at the postal
address provided within two (2) business days of the applicable Selection of Finalist date (as noted in Section 1 above). The
potential Finalist will be required to sign, have notarized, and return to Wella Professionals an affidavit of eligibility/release of
liability, proof of current cosmetology licensure (if participant to the stylist contest) and, where legal, a publicity release within
three (3) days of issuance of notification. Failure to complete and return the documents in the time noted, or if notification is
undeliverable, may result in disqualification and an alternate Finalist may be selected at Sponsor’s discretion. Acceptance of
Finalist status constitutes permission for the Sponsor and its designees to use the results and proceeds of Finalist’s services and
photographs hereunder and the name, voice, actual or simulated likeness, and biographical information of Finalist in
connection with the Contest and the exploitation thereof (including, without limitation, for public relations, advertising and
promotional purposes) in perpetuity, throughout the universe, in all media whether now known or hereafter devised, without
additional compensation unless prohibited by law.
8. NOTIFICATION/ANNOUNCEMENT OF GRAND PRIZE WINNERS: Both the Stylist and Consumer Winners will be announced
on Facebook and wella.com on June 20 th s by the jury. The Stylist and Consumer Winners will each be required to sign and
properly execute and return it via email or facsimile (and subsequently by mail) to Administrator before the Grand Prize(s) will
be awarded. In the event that a Grand Prize winner (Stylist or Consumer) fails to properly execute and return all documents
described herein in the time noted, or if a Grand Prize Winner declines to accept the prize, or if a Grand Prize Winner is found
not to be eligible or not in compliance with these Official Rules, the Grand Prize Winner will be disqualified and in the case of
the Stylist Grand Prize Winner or the Grand Prize Winner is disqualified for any reason, Sponsor may award the prize to an
alternate entrant, in its sole discretion, based on the judging criteria detailed above even if the disqualified Grand Prize
Winner's name or photo entry may have been shown or announced online.
9. PRIZES: Stylist Prize: day trip to London & 1 night. Fotoshooting at Wella Studio in London with 3 models. Portfolio on Apple
iPad (around 12.000 EUR) Consumer Contest Grand Prize: 3D makeover at nearest Wella Salon. If needed trip and stay at
destination (around 1000 EUR).
10. TRAVEL COMPANION LIABILITY AND PUBLICITY RELEASE: Both the Stylist and Consumer Winners and his/her guest
(parent/guardian, if travel companion is not age of majority in his/her state/province of residence) on the Grand Prize Trip will
be required to sign and properly execute additional documents related to participation in this Promotion (e.g. Travel Releases
and Publicity Releases – except where prohibited) and return them via email or facsimile (and subsequently by mail) to
Administrator before the Grand Prize will be awarded. Promotion Parties shall not have any responsibility or liability
whatsoever for any property loss, damage, personal injury, or death, in connection with any person’s participation in the
Promotion or any prize awarded herein.
11. GENERAL: : This Promotion is subject to the laws of UK, Germany, Netherlands and Greece (tbd) Except as determined by
Sponsor in their sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted. All federal,
state/provincial or other tax liabilities arising from this Promotion are the sole responsibility of the prize winner.
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3D COLOR CHALLENGE
TERMS AND CONDITIONS
12. CONDUCT: : By entering either this Promotion, entrants agree to be bound by these Official Rules and the decisions of the
judges, which shall be final and binding in all respects. These Official Rules are accessible from the Promotion Site throughout
the Promotion Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its
sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or
to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by
Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION:
ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION,
ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Data Protection
By entering, you agree to all of the terms and conditions of Sponsor’s Privacy Policy, which is available at
http://www.pg.com/privacy/english/privacy_notice.html. Any entry information collected from the promotion shall be used
only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with
Sponsor’s Online Privacy Policy referenced above. The Sponsor as data controller shall not disclose or convey your personal
data to third parties, except its data processors and Wella Professionals as a selected contest administrator for the sole
purpose of the selection, notification, and the fulfillment of the prizes)
Should you not agree with handling your personal data, you may request opt-out out any time by contacting us at P&G Salon
Professional Route De Saint-Georges 47, Petit-Lancy, CH 1213, Geneva, Switzerland. At the above addresses the correction of
personal data and information on the data handling may be requested.
14. Disclaimer
You agree that entry into this Promotion shall be at your sole risk. To the fullest extent permitted by law, Procter & Gamble, its
officers, directors, employees, and agents make no warranties or representations about the accuracy or completeness of the
content of www.wella.com and www.facebook.com/wellainternational or the content of any sites linked to this site and
assumes no liability or responsibility for:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
any errors, mistakes, or inaccuracies of content;
and property damage of any nature whatsoever, resulting from your participation in the Promotion;
death or personal injury resulting as a direct result of entry into the Promotion, unless caused by the negligence
of Procter & Gamble, its officers, directors, employees, and agents;
any interruption or cessation of transmission to or from our www.wella.com and
www.facebook.com/wellainternational;
any bugs, viruses, or the like which may be transmitted to or through www.wella.com and
www.facebook.com/wellainternational by any third party; and/or
any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via www.wella.com and www.facebook.com/wellainternational.
15. Indemnity
By entering the Promotion, you agree to defend, indemnify and hold harmless Procter & Gamble, its directors, employees and
agents, from and against any and all claims, damages, losses, liabilities, costs or expenses (including but not limited to legal
fees) arising from: (i) your use of and access to the www.wella.com and www.facebook.com/wellainternational; (ii) your
breach of any of these terms; (iii) your breach of any third party rights, including without limitation any copyright, property, or
privacy right; or (iv) any claim that any one of your submissions caused damage to a third party. This indemnity shall survive
the duration of the Promotion.
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3D COLOR CHALLENGE
TERMS AND CONDITIONS
16.
SPONSOR/ADMINISTRATOR: : Sponsor: P&G Salon Professional, Wella Professionals. 47, Route de St Georges, 1213 Petit-
Lancy, Geneva, Switzerland
Tickboxes:
I confirm that I am at least 18 years old and I own the rights in or I have the prior written consent to usethe content I am
uploading and am not using any content which infringes anybody else’s rights: ( )
I have read and accept these Terms & Conditions [ ]
[I consent to receiving promotional material from Wella Professionals of Procter & Gamble by email: ( ) ]
Notify and take down procedure
If you are a third party and you believe that any content hosted on www.wella.com infringes your copyright or other
intellectual property rights, please notify Procter & Gamble as soon as possible at the address below and we will remove the
content with immediate effect. Procter & Gamble disclaims any liability whatsoever for an infringement, and will not be
responsible for any claims, costs, damages or actions in respect of any alleged or actual infringement. Rights holders should
contact the users who uploaded the content directly if they wish to discuss any claims. ]
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