SHARE YOUR HAIR TRUTHS SWEEPSTAKES
Official Rules 2017
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
- Sweepstakes Period: The Share Your Hair Truths Sweepstakes (the “Sweepstakes”) begins at 12:00:00 AM Eastern Time (“ET”) on 07/11/17 and ends at 11:59:59 PM ET on 09/03/17 (the “Sweepstakes Period”).
- Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older as of the date of entry and possess a web-enabled mobile device as of 7/10/17. Employees, officers and directors of Vogue International (“Sponsor”), bottlerocket marketing, LLC. (“Administrator”), Caravan Stylist Studios (“Promotional Partner”) and any of their respective affiliates, dealers, parents, subsidiary companies, and advertising and promotion agencies (collectively with Sponsor, Administrator and Promotional Partner, the “Released Parties”) and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each (whether or not related thereto) are not eligible to enter or win the prize herein. Void where prohibited or restricted by law. Sweepstakes is subject to all federal, state and local laws. By entering the Sweepstakes, entrants are bound by and agree to these Official Rules, and the decisions of Sponsor and Administrator, which are final and binding.
- How to Enter: lDuring the Sweepstakes Period, entrants (“Entrant”) can post a photo(s) (maximum 10 photos) showcasing their “hair journey” through the years on Instagram, including the hashtags #OGXHairTruths and #Sweepstakes, and tag @OGX_Beauty in the caption section, to earn one entry (“Entry”) into the Sweepstakes. If posting more than one photo as part of an Entry, all photos must be posted at the same time, as part of the same post.
Entrant must have an Instagram account to enter and have account privacy settings set to “Off”. Potential winners may be required to show proof of being the authorized account holder of the Instagram account associated with the Entry. An Instagram account can be opened for free by downloading the Instagram application from the Apple store or Google Play, and a compatible, web-enabled mobile device is required to use the Instagram application. There is a limit of one (1) Entry per person, throughout the Sweepstakes Period. No incomplete Entries will be accepted. Any text included with the Entry must be in English. Entries that contain content that, in Sponsor’s sole discretion, is not suitable or appropriate or is deemed lewd may be disqualified. Entry material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission will also be disqualified. All Entries, if appropriate and eligible, will remain in the feed for all to see.. Any attempt by an Entrant to obtain more than one Entry, by using multiple/different e-mail addresses or Instagram accounts, identities, or any other online methods, may void all of such Entrant’s Entries. Entrants and winner acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries (or excerpts of Entries) in any way it sees fit.
- Prizes/Approximate Retail Value (“ARV”): There are ten (10) Prizes (“Prize”) available to be awarded herein. The Prize Winners, once confirmed as detailed below, will each receive one (1) year’s worth of OGX Products. The ARV for each Prize is two hundred and fifty dollars ($250). The total ARV of the Prizes to be awarded herein is two thousand five hundred dollars ($2,500). No portion of the Prize may be sold, offered for sale, assigned, transferred, offered for transfer or exchanged for cash, merchandise or services, in whole or part. No portion of the Prize may be listed or offered for sale on eBay, Craigslist, or similar auction websites. The ARV of Prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the Prizes are awarded. If the actual purchase price of Prize is less than the ARV stated herein, the Prize winners will NOT be entitled to a check, cash or other form of payment for the price difference. Prizes are non-transferable and no substitutions are permitted, except by Sponsor, who reserves the right, in its sole discretion, to substitute a Prize (or portion of Prize) of equal or greater value, if Prize, or portion of Prize, becomes unavailable. No cash redemption of Prizes, except at Sponsor’s sole discretion. Limit one (1) Prize per person and per household.
- Random Drawing: Ten (10) winners will be selected in a random drawing (“Prize Drawing”) on or about July 31, 2017 from among all eligible Entries received during the Sweepstakes Period. The Prize Drawing will be conducted by the Administrator whose decisions are final on all matters relating to the Prize Drawing. Odds of winning are dependent upon the number of eligible Entries received by the end the Sweepstakes Period.
- Winner Notification/Acceptance: Potential Prize winners must comply with these Official Rules in order to accept a Prize and be confirmed as an official winner. On or about one (1) business day after the Prize Drawing, Sponsor will make up to two (2) attempts in a 24-hour period to contact the potential Prize Winner via a comment to his/her comment on Instagram, or via direct message through Instagram, in order to confirm his/her eligibility and Prize Winner status, and for fulfillment purposes (i.e., need of physical address). Each Sweepstakes Entrant consents to such method of notification and communication. If a potential Prize Winner cannot be reached during this period, such potential Prize Winner will be disqualified and an alternate potential Prize Winner will be selected from among the remaining eligible Entries received. Sponsor will reach out to three (3) such alternate potential Prize Winners. Once contact is made, the potential Prize Winner will be required, as a condition of verification, to provide any requested information within one (1) calendar day, or else the Prize will be forfeited. Noncompliance, failure to respond within the time specified, failure to respond to notification attempt(s), or return of Prize/Prize notification as undeliverable will result in disqualification and an alternate potential Prize Winner will be selected pursuant to the terms hereof. All decisions of Sponsor relating to the Sweepstakes are final.
Acceptance of Prize constitutes permission for the Released Parties to use the name, actual or simulated likenesses, biographical information, city, state, opinions, Entry and Prize information of Prize winner for advertising and promotional purpose(s), in perpetuity, throughout the universe, in any and all media now or hereafter devised in any manner, without additional compensation, notification or permission, unless prohibited by law. In the event of a dispute as to any account, the authorized account holder of the email address provided upon Entry will be deemed to be the Entrant and must comply with these Official Rules.
- General Rules/Limitations of Liability: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled or incorrect Entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems or traffic congestion on the Internet or at any website (including Instagram), including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the selection/announcement of the Prize winners. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted where Sponsor deems fit and the Prizes will be awarded via random drawing from among all eligible Entries received up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. No software-generated, robotic, programmed, script, macro or other automated tweets are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online Entry; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree that the Released Parties, (a) shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use of Prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
- Governing Law and Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY CLASS ACTIONS.
- Winners List: For the names of the winners, available after the Sweepstakes Period has ended, send a stamped, self-addressed envelope by 08/28/17, to: OGX Share Your Hair Truths 2017 Winners, c/o bottlerocket marketing, LLC, 26 Patriot Place, Suite 104, Foxboro, MA 02035.
- Sponsor: The Sponsor of the Sweepstakes is Vogue International, 2600 McCormick Drive, Suite 320, Clearwater, FL 33759.
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