RULES & REGULATIONS
BLONDME ALL ABOUT THAT BASE SWEEPSTAKES
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 IN NY, FL AND WHERE PROHIBITED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
The BLONDME All About That Base Sweepstakes (“Sweepstakes”) is sponsored by Henkel Corporation, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230 (“Sponsor”). The Sweepstakes begins on June 1, 2022 at 12:00 AM Pacific Time (“PT”) and ends on July 15, 2022 at 5:00 PM PT (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. All times listed are in the Pacific Time Zone.
This Sweepstakes is open to legal residents of the United States and the District of Columbia (excluding residents of NY and FL) and Canada, who: (i) have reached the legal age of majority in their jurisdiction of residence at the time of entry; and (ii) who are licensed professional stylists. Employees, officers, and directors of Sponsor, or any of their respective parents, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, or web masters (collectively, the “Sweepstakes Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and legally binding in all matters related to the Sweepstakes and which Sponsor may decide in its sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
How to Enter
NO PURCHASE NECESSARY. During the Sweepstakes Period, visit www.instagram.com or the Instagram App, log into your Instagram account, and (1) post a Before Image, Middle Image and After Image, as explained below, to your Instagram feed (for certainty, your Before Image, Middle Image and After Image must be included in the same post) (a “Post”) (2) Tag @schwarzkopfUSA and @schwarzkopfPro in your Post and (3) use #AllAboutThatBase_Giveaway in your Post. You must be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free. You may only use one (1) Instagram account to participate. With each Post that meets the entry requirements you will receive one (1) entry into the Sweepstakes. Limit of one (1) Post (and one (1) corresponding entry) per person and per Instagram account, per day of the Sweepstakes Period. The images in your post should be as follows:
a “Before Image” that depicts hair before any coloring, use of the products below, or styling;
a “Middle Image” that depicts the same hair after applying BLONDME 9+ and washing it out to showcase the Raw Lift, before toning (IMPORTANT NOTE: In place of using BLONDME 9+, an entrant may alternatively use a similar product by a brand of his/her choosing); and,
an “After Image” that depicts the same hair after all color and styling services are complete.
To be eligible, all content and materials associated with your entry () (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Official Rules during the Sweepstakes Period; (ii) include all required components and materials noted above; (iii) be in accordance with these Official Rules, including, but not limited to, the specific Participation Requirements listed below; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of Instagram (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion).
The Sweepstakes Entities, Meta Platforms, Inc. (Instagram), and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) will not be responsible or liable for failure to receive entries due to transmission failures or technical failures of any kind, including without limitation, electronic malfunction of any network, hardware or software. Proof of submission does not constitute proof of entry. Sponsor reserves the right in its sole discretion (to the extent permitted by applicable law) to cancel or suspend the Sweepstakes should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation of the Sweepstakes, the prize will be awarded in a random drawing from among all eligible entries received prior to cancellation.
Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
Entries not in compliance with these Official Rules will be disqualified, in Sponsor’s sole discretion. Entries generated by a script, macro, bot or any other automated means will be deemed void. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE SWEEPSTAKES AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE SWEEPSTAKES. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU ALSO AGREE THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES AND/OR THE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE SWEEPSTAKES AND/OR AWARDING OF ANY PRIZE.
By participating in the Sweepstakes, each entrant hereby warrants and represents that any Entry Materials he/she submits:
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 Sweepstakes;
does not violate any law, statute, ordinance or regulation;
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;
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
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 the 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 the Sponsor; any identifiable third party trade-marks, brands and/or logos, other than those of the Sponsor; conduct or other activities in violation of these Official 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. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Official Rules are subject to disqualification. 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 Official Rules, or for any other reason. If such an action is necessary at any point during or after the Sweepstakes, 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) – to help ensure that the Sweepstakes is being conducted in accordance with the letter and spirit of these Official Rules.
By entering the Sweepstakes and submitting an entry, each entrant: (i) without limiting the Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, 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 Sweepstakes 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 favor 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 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.
Winner Selection, Notification and Confirmation
On July 21st, 2022, four (4) entries will be selected at random from among all eligible entries received during the Sweepstakes Period to determine the potential prize winners. The odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. Sponsor reserves the right to verify that the potential winner is eligible and qualified to receive a prize and may revoke any prize awarded or designated to a person found ineligible. A participant is not a winner of any prize, even if the entrant receives notification stating her or she won, unless and until participant’s eligibility has been verified as set out below and participant has been notified that verification is complete.
Attempts to notify a potential winner will be made by the Sponsor via Instagram direct message to the account used to enter. The winner will be required to contact Sponsor via Instagram direct message response within seven (7) days of attempted notification. Sponsor is not responsible for any change of Instagram account handle of entrants. In the event of non-compliance with these Official Rules, failure to complete the winner confirmation and verification procedure below, or if a prize notification or prize is unclaimed or returned as undeliverable, the potential winner will be disqualified and the applicable prize will be forfeited and an alternate winner may be selected at random from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any remaining prizes remain un-awarded.
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE OFFICIAL RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential prize winner will be required to execute and return: (i) a Declaration of Eligibility and Liability/Publicity Release; and (ii) if a potential prize winner is a resident of Canada, 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); within seven (7) days of when the documents are mailed or emailed, or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return any required Declaration of Eligibility and Liability/Publicity Release Form within the required time period, fails to correctly answer the mathematical skill-testing question (as applicable), or if a prize or prize notification is returned as undeliverable, potential winner will be disqualified and forfeits the applicable prize.
Four (4) prizes are available, each including the following: (a) A one (1) hour virtual consult with a BLONDME Expert (either Maggie Hancock (@MaggieMH), Danilo Bozic (@Danilo.Bozic), Linh Phan (@Bescene), or Lesley Jennison (@LesleyJennison), determined by Sponsor at its sole and absolute discretion, which has anapproximate retail value (“ARV”) of $1,000 USD); and (b) $3,000 USD in BLONDME products. The total ARV of each prize to be awarded is $4,000 USD ($5,198.42 CAD]). Total ARV of all prizes is $16,000 USD ($20,793.68 CAD).
The approximate retail value of each prize noted above is current at the time of preparing these Official Rules. Under no circumstances whatsoever will any difference between the actual retail value of a prize as at the time of fulfillment or otherwise and the approximate retail value of the prize noted above (including without limitation, the approximate value as converted to Canadian dollars above) be awarded. All taxes, including U.S. federal, state and local taxes on the prize, as applicable, are the sole responsibility of the winners. No substitutions or other prize alternative is available, except that Sponsor may substitute a prize of equal or greater value should a prize item become unavailable. Prizes are non-transferable and non-assignable. Prizes by third-party vendors may be shipped by a third-party and not Sponsor. Each prize winner is solely responsible for all costs not expressly described herein. Each Prize winner is solely responsible for reading and following all instructions, directions for use and warnings that are associated with each component of the applicable Prize (including, without limitation, as provided on a product label).
Prize Details: All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Sponsor will not replace any lost, mutilated, or stolen prizes.
Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; 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. 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 SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; 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.
To the extent permitted by applicable local law, Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and, to the extent permitted by applicable local law, (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
All entries, Entry Materials and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor): (i) for the purposes of verifying an entrant’s eligibility to participate in this Sweepstakes; (ii) for the purposes of verifying the eligibility and/or legitimacy of any entry, Entry Materials, and/or other information entered (or purportedly entered); and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes in accordance with the letter and spirit of these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The Sponsor reserves the right to disqualify any entry or entrant in its sole discretion, should any entry or entrant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information.
Limitation of Liability; Releases
BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS 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 PRIZES, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. 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, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING WITHOUT LIMITATION AN EPIDEMIC OR PANDEMIC AND GOVERNMENT DIRECTIVES RELATED THERETO) OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT 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, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, 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.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE SWEEPSTAKES ENTITIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND OTHERWISE USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, TESTIMONIALS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE/PROVINCE/TERRITORY) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
This Sweepstakes is governed by the laws of the United States. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate State Court located in Los Angeles County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed fifty U.S. Dollars ($50.00), but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
TO THE EXTENT PERMITTED BY LAW, 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, CANADA 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.
Official Rules; Winner List
For a copy of the Official Rules, visit [https://behindthechair.com/all-about-that-base-rules/). For a copy of the list of winners, send a self-addressed stamped envelope by December 31, 2022 to:
BLONDME All About That Base Sweepstakes
ATTN: Schwarzkopf Professional Brand Marketing Department (Winner List Request)
5800 Bristol Parkway, 7th Floor
Culver City, CA 90230
Questions regarding this Sweepstakes should be directed to Lauren.Klein@henkel.com.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to, any translated version of these Official Rules, the Sponsor’s Instagram account(s), point of sale, television, print or online advertising and/or any instructions or interpretations of these Official Rules given by any representative of the Sponsor, the terms and conditions of these English Official Rules shall prevail, govern and control to the fullest extent permitted by law.