Pro Contest Terms

 

MOROCCANOIL KEEP CALM AND STYLE ON COMPETITION

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 Moroccanoil Keep Calm and Style On 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 (excluding Quebec), who have reached the age of majority in their province of residence. Contest is void in Puerto Rico, Guam, the Armed Forces and in the Canadian province of Quebec. Contest is also void where prohibited by law. Employees of MOROCCANOIL, INC. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Contest 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 employee are not eligible. The Contest is subject to all applicable federal, state, provincial 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 (the “Sponsor”).

3. Contest Submission Period:

The Contest submission period is from April 8, 2020 at 12:00:00 a.m. Eastern Time (“ET”) to April 30, 2020 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 posting a video (the “Photo”) showcasing a DIY hair look to your Instagram account with the below requirements, including tags and hashtags, in the caption:

- Showcase the Moroccanoil products used to create the look

- Tag @moroccanoilpro in recreations

- #KeepCalmStyleOn

- #moroccanoilprofessional

- #ad

By submitting a Photo, 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. 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, Photos must be submitted in compliance with the format and other requirements set forth on the website where persons may submit entries/photos (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 that may be submitted by each entrant during the Contest Submission Period, provided that each entry consists of a different Photo, and is made in accordance with these Official Rules.

No purchase is required to enter the Competition, nor will it increase your chances of winning – you may use any Moroccanoil products you already have.

Sponsor may reject any entries that:

- have been copied or in which you do not own the rights, or have been previously submitted in any other contest, sweepstake, or promotion;

- consist of or include stock photography;

- incorporate or prominently display any third-party brands or trademarks (other than that of the Sponsor);

- it reasonably suspects infringes any third-party rights, including copyright;

- 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, defamatory or harassing, or otherwise contain unsuitable content (as determined by the Sponsor);

- are incomplete, incomprehensible, damaged or otherwise deficient; or

- have been made by the use of automated entry software or any other mechanical or electronic means that permits multiple automated entries into competitions generally.

Sponsor accepts no responsibility for any late, lost or misdirected entries, including where they are not received within the Contest Submission Period because of technical disruptions, network congestion or any other reason.

5. Terms of Submission:

By submitting a Photo you agree Sponsor has the unrestricted right to use your Photo, commercially or non-commercially, including the worldwide right to publish and display Photos in any media for advertising and publicity, all without additional review or compensation. By entering, you represent and warrant that (i) your entire Photo is an original work by you and you have not copied or used other works in your Photo 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; (iii) your Photo 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 in accordance with these Official Rules. You understand that Sponsor reserves the right to disqualify or refuse to post any Photo at any time for any reason at its sole discretion. BY SUBMITTING THE PHOTO, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDEAND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH PHOTO IN ANY WAY AND POST THE PHOTO ON THE INTERNET OR USE THE PHOTO 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 on or around April 30, 2020 from all eligible entries received during the Contest Submission Period by a panel of qualified judges selected by Sponsor, based on the following criteria: originality and simplicity of the look and does the look show off the stylist’s personality? 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 and compliance with all terms and conditions of these Official Rules. 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 within five (5) days, where legal, a General Agreement and Release Form, which will be provided to winner/s in due time. Residents of Canada will be required to enter a skill-testing question to claim their Prize. If winner/s cannot be contacted in first two (2) attempts, fails to sign and return the General Agreement and Release Form within the required time period (if applicable), 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. Prize:

The Competition gives entrants the opportunity to be in with a chance of winning one of three prizes (each of which we will refer to as a "Prize"):

First place winner:

- $1,000 cash

- Smoothing Brush Flat Iron

- Curling Iron

- Approximate retail value of tools - $730

Second place winner:

- $500 cash

- Blow Dryer

- Flat Iron

- Approximate retail value of tools - $450

Third place winner:

- $250 cash

- Blow Dryer

- Approximate retail value of tools - $300

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 any part of the listed Prizes 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 shipped to the winner(s) via Ground Shipping at the expense of the Sponsor within 2-3 weeks.

8. Taxes:

Any valuation of the Prizes 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.

9. 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 Released Parties 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.

10. Publicity:

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

11. 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.

12. Limitations of Liability:

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing/typing 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.

13. 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, 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.

14. Force Majeure:

In no event shall the Released Parties be responsible or liable for any failure or delay in the performance of their obligations hereunder arising out of or caused by, directly or indirectly, forces beyond their control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemic, diseases, quarantine and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

15. Entrant’s Personal Information:

Sponsor will only process personal information collected from entrants as set out in Sponsor’s privacy policy, which is available at https://www.moroccanoil.com/us_en/about/legal.

16. Contest Results:

For Contest results see online or send a hand-printed, self-addressed, stamped envelope to Winners List Moroccanoil Keep Calm and Style On c/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 Contest should be directed to the Sponsor.