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Henkel, Schwarzkopf Professional

BTC x Schwarzkopf Professional Content Creator Contest

Official Rules, Terms & Conditions (the “Official Rules”)

  1. Contest Period.  The “BTC x Schwarzkopf Professional Content Creator Contest” Contest (the “Contest”) concludes at 11:59:59 pm ET on April 30, 2021 (the “Contest Period”).

  2. Eligibility. This Contest is open to all residents of Canada (excluding the Province of Quebec) who are of the age of majority in the province or territory in which they reside at the time of entry. Employees, representatives or agents of Henkel Canada Corporation and BEHINDTHECHAIR.COM, INC. (the “Sponsors”), their respective parents, affiliated or related companies, subsidiaries, divisions and all advertising, media buying and promotional agencies, are ineligible, as well as persons domiciled with any of those described above.  CONTEST IS VOID WHERE PROHIBITED.

  3. Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsors which are final and binding and without appeal in all matters relating to the Contest.  Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way shall be disqualified.

  4. How to Enter the Contest. No purchase is necessary to enter the Contest. To enter, an entrant must have a valid Instagram account and have received the gift box of Schwarzkopf Professional product(s) sent by the Sponsors prior to the end of the Contest Period. During the Contest Period, the entrant may enter the Contest by sharing photos or videos on the entrant’s Instagram feed of a look created by the entrant using the Schwarzkopf Professional product(s) included in the gift box provided to the entrant by the Sponsors (each such Instagram post being an “Entry”). The Entry must be posted on the active Instagram account which the entrant holds at the time the entrant received the gift box of relevant products from the Sponsors. An Entry may not be submitted more than once. Entries submitted by any other means will not be accepted.

To be eligible the Entry must include, in the caption accompanying the photos or videos, (a) a description of what Schwarzkopf Professional product(s) was used; (b) why the entrant loved the product(s); (c) the Instagram account handles @SchwarkopCAN and @behindthechair_com; and (d) the hashtags #BEtbh, #BTCxSKPCAN, #behindthechair, and #BTCsampling (the “Hashtags”). Note that the Hashtags are not case sensitive. The Entry must represent the honest opinion of the entrant, must include a hashtag disclosing that the entrant received an incentive to post content (e.g., #contest).

The Entry must also comply with Instagram’s Terms of Use available at https://www.facebook.com/help/instagram/termsofuse for the Entry to be valid. The photos or videos must not be protected at the time they are posted by the entrant. Instagram privacy settings may be adjusted by selecting the Settings menu in the Instagram account. The entrant’s use of the Hashtags to make a qualifying Entry during the Contest Period constitutes the entrant’s consent to participate in this Contest. 

The Releasees (defined below) are not responsible for lost, late, incomplete, invalid, unintelligible, delayed, ineligible, misdirected, deleted, unsearchable or destroyed Entries or Entries that have been removed by Instagram. Such entries will be disqualified. Potential winners may be required to show proof of being the authorized Instagram account holder.

  1. Prize Description. There is one (1) prize available to be won, consisting of a gift basket of Schwarzkopf Professional products. The prize has a total approximate retail value of $500CDN.

  2. Awarding of Prizes. On or around May 3, 2021, the potential winner of the Contest will be selected from among all eligible Entries received during the Contest Period in accordance with these Official Rules. A potential winning Entry will be selected among all eligible Entries by a panel of judges based on the following three criteria, weighted equally: (i) technical and aesthetic quality, (ii) creativity of the content of the photo or video, and (iv) caption and relevance to the Sponsor product. In the event of a tie, the Entry with the highest score on creativity will be selected. The decisions of the contest judges are final in respect of any matter relating to this Contest. The odds of winning the prize depend on the number of eligible Entries received during the Contest Period and the quality of the Entries. If a selected entrant does not meet these Official Rules, then another entrant may be selected in accordance with these Official Rules.

  3. Notification. Any potential winner will be contacted by email and Instagram Direct Message sent to the account associated with the Entry within five (5) days of the date he/she was selected as a potential winner and must respond by Instagram Direct Message to @behindthechair_com with his/her name and mailing address within seven (7) days of the notification being sent. Failure to respond within such period will result in disqualification.

  4. How to Claim a Prize. In order to claim his/her prize, a potential winner must complete the information required, successfully answer, unaided, a mathematical skill-testing question and, if required, sign a declaration of compliance with the Official Rules and a release (including a publicity release). The prize will be delivered to the winner once confirmed.

If a potential winner does not comply with these Official Rules, cannot be contacted, fails to respond within the specified time, fails to correctly answer the skill-testing question, fails to provide the required information or documentation or if the prize or prize notification is returned as undeliverable, the potential winner will be disqualified and he/she forfeits the prize. A potential winner is not a winner of any prize, unless and until the potential winner has been confirmed as a winner in accordance with these Official Rules.

The prize must be accepted as awarded, may not be transferred and is not convertible to cash.  Sponsors reserve the right, in their sole discretion, to substitute all or a portion of the prize with a prize of equal or greater value for any reason.  In the event a potential winner is disqualified or not eligible, he/she shall not be awarded the prize and that prize may not be awarded, and Sponsors shall be fully and completely released and discharged from any liability or responsibility in this regard. Upon prize forfeiture for any reason, no compensation will be given.  No more than one (1) prize will be awarded.

By accepting a prize, winner authorizes, permits and licences the Sponsors and their advertising and promotion agencies to use their name, address (city and province), likeness, photograph, video, picture, portrait, voice, biographical information, and/or any written or oral statements regarding the Contest or the Sponsors (collectively, “Winner Information”) for advertising and promotional purposes in any and all of their publications, ads, and websites, in any form of media whether now or hereafter known, including social media sites, such as, but not limited to Instagram, without payment or any other consideration except as prohibited by law. Winner waives the right to inspect or approve the finished advertising or promotional product.

  1. Conditions.  By entering the Contest, each entrant acknowledges and agrees that the entrant is participating in this Contest at the entrant’s own expense and risk without any promises, representations, conditions or warranties of any type, express or implied, statutory or otherwise, except as expressly stated in these Official Rules. THE ENTRANT, IRREVOCABLY AND IN PERPETUITY, AND AS A CONDITION OF AND IN CONSIDERATION FOR PARTICIPATING IN THE CONTEST, AGREES TO WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE SPONSORS, THEIR ADVERTISING AND PROMOTION AGENCIES, AND INSTAGRAM AND ITS RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, THE PRIZE SUPPLIERS, AND ANY OTHER ORGANIZATIONS RESPONSIBLE FOR SPONSORING, FULFILLING, ADMINISTERING, ADVERTISING OR PROMOTING THE CONTEST, AND ALL OF THEIR RESPECTIVE PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, EXPENSES, LIABILITIES AND DAMAGES RELATING TO OR RESULTING FROM THE ENTRANT’S PARTICIPATION IN THE CONTEST, CONTEST-RELATED ACTIVITIES OR POSSESSION, ACCEPTANCE OR USE OR MISUSE OF ANY PRIZE OR USE OF WINNER INFORMATION INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, DEFAMATION, DETRIMENTAL RELIANCE, INFRINGEMENT OF ANY WORLDWIDE INTELLECTUAL PROPERTY RIGHT, INVASION OF PRIVACY OR VIOLATION OF ANY PRIVACY RIGHT.

By entering the Contest, each entrant warrants and represents that any material he or she submits as part of their Entry: a) does not violate any law; b) is the original work of the entrant; c) will not give rise to any claims of invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and d) is not defamatory, libelous, pornographic or obscene, and further that it will not involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals (other than the entrant), unless the entrant has consent from that individual; conduct or other activities in violation of these Official Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

If the entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photos or videos, the entrant is responsible for obtaining, prior to entering the Contest, any and all releases and consents necessary to permit the exhibition and use of the photos or videos in the manner set forth in these Official Rules without any compensation. If any person appearing in any photos or videos is under the age of majority in their province of territory of residence the signature of a parent or legal guardian is required on each release.

By entering the Contest, each entrant: (i) grants to the Sponsors a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display his/her entry and any sculpture,  artwork, or other copyrighted material appearing in the entry, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes; (ii) waives all rights and moral rights in and to his/her entry in favour of the Sponsors; and (iii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relates in any way to the entry.  If requested, entrant must be able to provide to Sponsors (in a form acceptable to a Sponsor and within seven (7) calendar days of receipt of the Sponsors’ request), evidence of compliance with these Official Rules, including required permissions, in order to be eligible for the Contest. If necessary, entrant will be required to sign any necessary documentation that may be required for Sponsor or their designees to make use of the non-exclusive rights entrant is granting with respect to the entry.

  1. Additional Terms. The Releasees are not responsible if the Contest cannot take place or if the prize cannot be awarded due to acts of God, acts of war, natural disasters, weather or acts of terrorism.  The Releasees are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP unavailability, unauthorized human intervention, human error, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer and telephone transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer or telephone relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify, amend, extend or suspend this Contest for any reason including if a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. The Sponsors reserve the right, in their sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. The Sponsors may prohibit an entrant from participating in the Contest or winning a prize if, in their sole discretion, they determine that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or representatives of the Sponsor.  CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY INSTAGRAM ACCOUNT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  2. Personal Data.  By entering the Contest, all entrants consent to the collection, use and disclosure of their personal information by the Sponsors for the purposes of administering the Contest and otherwise as permitted or required by law.  Any inquiry concerning the personal information held by the Sponsors should be addressed to Haley Gable at [email protected]

  3. Law.  This Contest is void where prohibited by law. If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Official Rules and all others will otherwise remain in full force and effect.

  4. Verification.  All Entries are subject to verification (including requirement to submit proof of identification) and Sponsors reserve the right to cancel and revoke any Entries if they are found to be improper or non-compliant with these Official Rules or if the entrant is subsequently found not to be eligible pursuant to these Official Rules.

  5. Instagram. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Contest Sponsors and not to Instagram. Instagram is a registered trademark of Instagram, Inc.