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Alterna® x Fancy Face Inc. Giveaway
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 GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
1. Eligibility: The Alterna® x Fancy Face Inc. Giveaway (“Giveaway”) is open only to anyone who is a legal resident of, and physically located within the 50 United States and the District of Columbia and the 10 Provinces in Canada, excluding Quebec, who are 18 years old or the age of majority in his/her state/province of residence, whichever is older at the time of entry. All federal, state/province and local laws and regulations apply. Employees of Henkel Corporation, acting through its Alterna Haircare division (“Sponsor”) and its affiliates, subsidiaries, advertising and promotional agencies, representatives, agents, 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 Giveaway (collectively with the foregoing persons or entities, the “Giveaway Entities”) are not eligible to participate. Sponsor reserves the right to verify the eligibility of entrants, entries and Entry Materials (defined below).
2. Entry Period: Entries may be submitted during the period commencing at 11:59 PM Eastern Time (“ET”) on March 4th, 2021 and ending at 11:59 PM ET on March 11th, 2021 (“Term”). Sponsor’s computer is the official time keeping device for this Giveaway.
3. How To Enter: The Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram (the “Social Platform”). The Social Platform is hereby completely released of all liability by each entrant in this Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not to the Social Platform. Entrants may only use one (1) Instagram account (an “Account”) to participate.
To enter the Giveaway, log-in to your Account and visit @alternahaircare (the “Giveaway Instagram Account”) during the Term and follow one (1) or more of the actions below to obtain entries. Entrants may take any or all of the following actions one (1) time each, and must take the actions through a Giveaway Instagram Account, as applicable, to obtain entries:
• Follow Alterna on Instagram, @alternahaircare
• Follow Fancy Face Inc.on Instagram, @Fancyfaceinc
• Like the Giveaway post that has been posted at the start of the Term on the @alternahaircare Intagram Account by or on behalf of the Sponsor (the “Giveaway Post”)
• Comment on the Giveaway Post by Tagging two (2) friends
• Share the Giveaway Post with the hashtag #GIVEAWAY, and tagging @alternahaircare and @fancyfaceinc on your Instagram story. To be eligible to earn an entry via this action, your Account must be set to public and not private.
When all required steps of one (1) entry action are complete in accordance with these Official Rules (as determined by the Sponsor in its sole and absolute discretion), you will automatically be eligible to earn one (1) entry. Limit of five (5) entries per person.
To be eligible, all content and materials associated with your entry (regardless of the method of entry) (collectively, the “Entry Materials”) must: (i) be in accordance with these Official Rules, including but not limited to the specific Participation Requirements listed below, and received during the Term; (ii) include all required components and materials noted above; and (iii) be in accordance with the applicable terms, rules, policies and guidelines of the Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion). By entering, you agree that Sponsor may contact you via direct message 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 Account. In the event of a dispute as to any entry, the authorized holder of the Account used to enter will be deemed to be the participant. Potential winners may be required to show proof of being the authorized Account holder to the Sponsor or forfeit the prize. An entry may be rejected if it is not submitted and received in accordance with these Official Rules during the Term, and/or if the accompanying Entry Materials are not in compliance with these Official Rules (including, but not limited to, the Participation Requirements listed below) and/or the Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion).
By submitting an entry, each entrant: (i) without limiting the Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, worldwide license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Giveaway or for any other reason in any type of media; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties (defined below) from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
4. Participation Requirements:
By participating, each entrant hereby warrants and represents that any Entry Materials he/she submits:
i. is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Giveaway;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
v. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Giveaway, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding entry and/or the associated entrant).
5. Winner Selection and Notifications: On or about March 19, 2021, in Los Angeles, CA the name of three (3) potential winners will randomly 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 potential “Giveaway Winners”. The Giveaway Winners will be contacted via the Instagram Account used to enter the Giveaway. Except where legally prohibited, if a resident of the 50 United States or the District of Columbia, the Giveaway 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. If a resident of Canada, before being declared an official winner, the Giveaway Winners will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release) and may be required to sign and return (within five (5) business days of being notified) the Sponsor’s declaration and release from. In the event the Giveaway Winners 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 Giveaway Winners fails to sign and return the affidavit of eligibility and liability and publicity release or declaration and release form within the required time period (as applicable), fails to correctly answer the mathematical skill-testing question (if a resident of Canada), or if Giveaway Winners 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 ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
6. Prize/Values/Odds: Three (3) Giveaway Winners will be awarded the “Prize”, which consists of:
• Alterna My Hair. My Canvas. New Beginings Exfoliating Cleanser, 198mL
• Alterna My Hair. My Canvas. Me Time Everyday Shampoo, 251mL
• Alterna My Hair. My Canvas. Me Time Everyday Conditioner, 251mL
• Fancy Face makeup bundle
Total ARV of Prize: $200.00 CAD
Giveaway Winners are solely responsible for all local, state/provincial and federal taxes on his/her Prize including sales or use taxes, as well as any expenses related to participation in the Giveaway or acceptance of a Prize. The United States Internal Revenue Service (IRS) requires Form 1099-MISC to be issued and filed for each Giveaway Winner who receives a Prize if the amount of the prize is $600 or more. Sponsor will send each Giveaway Winner a W9 form, which must be completed and returned to Sponsor, for the Giveaway Winner to receive the Prize. A copy of the Form 1099-MISC filed by Sponsor, will be sent to Giveaway Winner. The Form 1099- MISC will be issued for the fair market value of the Prize. Any Giveaway Winner who fails to provide information sufficient to complete Form 1099-MISC (including, without limitation, Giveaway 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. Prize 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 English Official Rules shall prevail, govern and control. The Giveaway Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Prize. Prize is 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 Giveaway. 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.
7. 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 Giveaway. Released Parties (defined below) are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries or Entry Materials; 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 Instagram page, 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 GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY 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 Giveaway, or in the announcement of the Giveaway Winner and Prize. 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, and/or the legitimate operation of the Giveaway; 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 Giveaway is not capable of running as planned, Sponsor may, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, void any suspect entries and (a) cancel or terminate the Giveaway (or any portion thereof); (b) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway 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 GIVEAWAY, ENTRANT AGREES THAT THE GIVEAWAY ENTITIES, 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, SUCCESSORS, ASSIGNS, 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, ENTRY MATERIALS, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THIS GIVEAWAY, 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 INSTAGRAM. 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 GIVEAWAY, INCLUDING THE PRIZE, 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.
8. Disputes. All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Giveaway, 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.
FOR RESIDENTS OF QUÉBEC ONLY: 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 board only for the purpose of helping the parties reach a settlement.
9. Sponsor: Henkel Corporation, acting through its Alterna Haircare division, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230 decisions, as determined in its sole discretion, are final and binding as to all aspects of this Giveaway.
10. Official Rules and Winner’s List: For a copy of the Official Rules, visit https://alternahaircare.com/pages/giveaway. For a list of winners, send a self-addressed stamped envelope on or before April 4, 2021, to Sponsor at Henkel Corporation, acting through its Alterna Haircare division, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230. Vermont residents may exclude return postage
Copyright ©2021 Henkel Corporation. Alterna® is a registered trademark of Sponsor. All rights reserved.