Pro Contest Terms

 

@MoroccanoilPro Instagram Contest

Official Rules (the “Official Rules”)

 

No Purchase Necessary to Participate or Win. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility:

The @MoroccanoilPro Instagram Contest (the “Contest”) is open to legal residents of the fifty (50) U.S. states (including the District of Columbia), who are at least eighteen (18) years old and to residents of Canada, who have reached the age of majority in their province of residence. Contest is void in Puerto Rico, Guam, and the Armed Forces. Contest is also void where prohibited by law. Employees of MOROCCANOIL, INC. or any of its respective representatives, agents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Contest or selection of the Contest’s winner(s) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such person are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s (as defined below) decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein. The Instagram applications are available on iOs and Android devices. Data charges may apply, in accordance with carrier's terms and conditions applicable to customer's particular voice/data rate plan. Contact your wireless carrier for plan details.

2. Sponsor:

Moroccanoil, Inc., 750 Lexington Avenue, 17th floor, New York, NY 10022.

3. Contest Submission Period:

The Contest submission period is from May 1, 2019 at 12:00:00 a.m. Eastern Time (“ET”) to May 31, 2019 at 11:59:59 p.m. ET (the “Contest Submission Period”). Sponsor is the official timekeeper for this Contest.

4. How to Enter:

During the Contest Submission Period you can enter by following @MoroccanoilPro and posting a picture or video of your perfect beach wave hairstyle using Moroccanoil’s Perfect Defense (“Photo/Video”) to your Instagram account with the hashtag #MOSpotlight and handle @Moroccanoilpro in the caption. 

By submitting a Photo/Video along with the hashtag #MOSpotlight and handle @Moroccanoilpro in the caption, you are indicating that you have read, understand and fully agree to these Official Rules. In order to enter, your Instagram account must be public. If the account is private, the post will not qualify as an entry to the Contest. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected submissions which will be disqualified or for problems of any kind whether mechanical, human or electronic. The “authorized account holder” is the natural person assigned to the Instagram account by the respective platform. Potential winner/s may be required to show proof of being the authorized account holder. To be eligible for the Contest, Photo/Video must be submitted in compliance with the format and other requirements set forth on the website where persons may submit entries (i.e. Instagram); such requirements being made a part of these Official Rules and incorporated herein by reference.

There is no limit to the number of Photos/Videos that may be submitted by each entrant during the Contest Submission Period. Do not submit the same photo/video more than once.

Each Photo/Video must meet all of the following requirements or it will be disqualified:

- Photo must be original, the sole property of submitter and not previously submitted in any other contest, sweepstakes, or promotion.

- Photo must not include stock photography.

- Photo must not incorporate/prominently display any third-party brands or trademarks other than that of the Sponsor.

- Photo must not violate any third-party rights, including copyright and right of publicity.

- Photo must not contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or the mutilating of animals, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, or harassing, or otherwise unsuitable content as determined by Sponsor in its sole discretion. Photos containing such content will be disqualified immediately.

- Sponsor, in its sole direction, reserves the right to disqualify any entry that does not meet these requirements.

5. Terms of Submission:

By submitting a Photo/Video you agree Sponsor has the unrestricted right to use your Photo/Video, commercially or non-commercially, including the worldwide right to publish and display Photo/Video in any media for advertising and publicity, all without additional review or compensation. By entering, you represent and warrant that (i) your entire Photo/Video is an original work by you and you have not copied or used other works in your Photo/Video without permission or right to do so; (ii) no person, other than you has any right, title or interest in any part of your Photo/Video; (iii) your Photo/Video will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Photo/Video in accordance with these Official Rules. You understand that Sponsor reserves the right to disqualify or refuse to post any Photo/Video at any time for any reason at its sole discretion. BY SUBMITTING THE PHOTO/VIDEO, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH PHOTO/VIDEO IN ANY WAY AND POST THE PHOTO/VIDEO ON THE INTERNET OR USE THE PHOTO/VIDEO IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.

6. Selection of a Winner and Winner Notification:

The winner/s will be chosen by a panel of qualified judges selected by Sponsor, based on criteria that will be established by such judges at their own discretion, at 13:00 PM on June 1, 2019 in Montreal, from all eligible entries received during the Contest Submission Period. The odds of being selected depend on the number of Contest Entries received and the performance of each entrant. Sponsor reserves the right not to award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Prize award is subject to verification of eligibility and compliance with these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor and the judges, which will be final and binding in all matters relating to the Contest.

The winner/s will be notified by a private message to the social media platform where their entry was posted. Potential winner/s must follow the prize claim instructions provided as part of the initial notification and any subsequent claim instructions otherwise the prize will be forfeited in its entirety. It is recommended that you confirm your notification settings are turned on. Winning is subject to verification of eligibility. Failure to respond to the initial notification within five (5) days will result in disqualification. To claim prize, winner/s will be required to sign and return, where legal, a General Contest and Release Form, which will be provided to winner/s in due time. Residents of Canada will be required to enter a mathematical skill-testing question to claim their Prize(s). If winner/s cannot be contacted in first two (2) attempts, if any prize notification is returned as undeliverable, if winner/s rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner/s may be selected from all remaining eligible entries. Upon any prize forfeiture, no compensation will be given.

7.           THE POTENTIAL CONTEST WINNER/S ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

8. Verification of Potential Winner/s:

The potential prize winner/s must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winners will be required to sign and return to Sponsor within five (5) days of the date notice is sent, a General Consent and Release Form (except where prohibited) in order to claim his/her prize if applicable. If a potential winner/s cannot be contacted, fails to sign and return the General Consent and Release Form within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner.

9. Prize:

One (1) winner will receive a trip to New York City including flight and hotel accommodations, and a ticket to the Moroccanoil Academy (“Prize”).

The length of the trip will vary between 2 and 3 days, depending on the Moroccanoil Academy Class chosen by the winner. The following Moroccanoil Academy classes are not available: Backstage Secrets and Behind The lens.

The winner must fill out a traveler form and select between flight options provided by Moroccanoil. Failing to select one of the flight options will result in Prize forfeiture, unless otherwise decided by Moroccanoil at its sole discretion. Any other specific arrangements for awarding of the Prize will be made directly with the winner, on a case-by-case basis, at Moroccanoil’s sole discretion.

Maximum retail value of the Prize is $2,000 CAD. No cash equivalent for the 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 the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use, as detailed hereunder. The prize is awarded "as is" with no guarantee, either express or implied. The prize will be provided to the winners within 2-3 weeks.

If by reason of a printing, typographical, or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. The prize will be shipped to the winner via Ground Shipping and at the expense of the Sponsor, if applicable.

10. Taxes:

Any valuation of the Prize(s) stated above is based on available information provided to the Sponsor, and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the Prize(s) and paying any expenses associated with any Prize which are not specifically provided for in the Official Rules. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Any person subject to U.S. taxes that wins over $600 USD in Prizes from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

11. Entry Conditions and Release:

By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor, Instagram, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.  You may also receive periodic communications from Sponsor as condition of entry.

12. Publicity:

Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, entrygraph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

13. General Conditions:

Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, 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 entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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 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.

14. Limitations of Liability:

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) 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. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded.

15. Disputes:

Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, other than those concerning the administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

15.1 Disputes - Quebec:

The following shall only apply to residents of Quebec: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

16. Entrant’s Personal Information:

Information collected from entrants is subject to the Sponsor’s privacy policy, which is available at https://www.moroccanoil.com/us_en/about/legal/.

17.Contest Results:

For Contest results see online or send a hand-printed, self-addressed, stamped envelope to Winners List @MoroccanoilPro Instagram Contestc/o Moroccanoil, Inc., 750 Lexington Avenue, 17th floor, New York, NY 10022. Requests for the winner list must be received within thirty (30) days following the Contest Submission Period.

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. All questions, comments or complaints regarding the promotion should be directed to the Sponsor.