|IRONDESIGN STYLE CHALLENGE
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. IF YOU NEED SHU STYLE PRODUCTS TO PARTICIPATE, CONTACT YOUR EDUCATION AND BUSINESS CONSULTANT WHO WILL PROVIDE YOU WITH COMPLIMENTARY PRODUCTS.
1. ELIGIBILITY: Open to legal U.S. residents who are licensed hairstylists working in Shu Uemura Art of Hair Salons [and are at least 21 years old at the time of entry]. Employees and agents of L'Oréal USA, Inc, and its parent companies, affiliates, subsidiaries and advertising and promotion agencies ("Releasees") and their immediate families (spouse, parents, children, and siblings and their respective spouses) and individuals living in the same households of such persons (whether related or not) are ineligible to enter or win. Void in Puerto Rico and where prohibited by law. Contest subject to all applicable federal, state, local laws and regulations. By participating, entrants agree to be bound by these Official Rules and accept decisions of the Sponsor as final in all matters relating to this Contest.
2. HOW TO ENTER: "IRONDESIGN STYLE CHALLENGE" Contest (the "Contest") starts 12:01:00 am Eastern Time (ET) on July 1, 2008 and ends 11:59:59 pm ET on September 1, 2008 (the "Contest Period"). The Contest is divided into 2 rounds. Entry for the first round must be made between 12:01:00 am ET on July 1, 2008 and 11:59:59 pm ET on August 4, 2008 (the "Round One Entry Period").
"Irondesign Style Challenge" is a contest in which entrants compete by submitting online 3 photographs, front view, profile view and back view (the "Style") of a style they created using Shu Uemura Art of Hair styling products. The Contest will be conducted in two phases. During the first phase of the Contest ("Round One"), between July 1, 2008 and August 4, 2008, participants will be invited to upload a Style during the Round One Entry Period. Between August 5, 2008 and August 18, 2008 members of the public will be given the opportunity to vote for their favorite eligible entry according to the judging criteria set forth in Section 3. The five eligible Round One submissions with the highest scores will be deemed the Five Contest Finalists. During the second phase of the Contest ("Round Two") all eligible submissions will be rated by the Shu Uemura Art of Hair Atelier Directors, chosen by the Sponsor, according to the judging criteria set forth in Section 4. The eligible submission with the highest score will be declared the potential Grand Prize Winner, subject to verification and compliance with these Official Rules.
To enter, go to www.shuuemuraartofhair-usa.com/stylechallenge (the "Contest Site"). Follow the onscreen instructions to register, enter, and upload your photos (the "Style"). The Style together with entry form and registration shall constitute the Entry. Entry must be complete and contain all required elements or will be disqualified.
Entrants are required to review and agree to these Official Rules at the time of entry before submitting their Style. Limit one entry per person and per household. Entries must be received by 11:59:59 p.m. ET on August 4, 2008 to be eligible. In case of dispute as to identity of the winner who enters, entry will be deemed made by the authorized account holder of the email address listed on the entry form. "Authorized account holder" is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses at the time the entry was submitted. Entries generated by a script, macro or other automated means will be disqualified. L'Oréal USA, Inc. is not responsible for lost, stolen, illegible, misdirected, or late submissions.
Creating the Style Entry. Create an original style using Irondesign and any other Shu Uemura Art of Hair styling products. The Style Entry: (1) must be in JPEG (.jpg) format, at a minimum of 300 DPI and no smaller than 6" x 9", and (2) must meet the following criteria:
You must have written permission from any identifiable person that contributed to the Style ("Participant"), including Model, Make-up Artist and Photographer, and Participants must pass along all rights to Sponsor for its unlimited usage. You must have each participant sign the "Participant Release" form, found at this web site, and provide such release to Sponsor upon request. All participants must be 21 years or older.
Registration and entry form must be completed in full and contain the entrant's name, date of birth, and incorporate entrant's telephone number and email address for notification purposes in case of winning the contest. No correspondence regarding entries will be acknowledged or entered into with entrants.
Entrants must retain a high resolution JPEG file of their Entry for their records and to ensure the best printing of Photo if Entry is selected as a winner.
3. ROUND ONE JUDGING CRITERIA/FINALIST SELECTION/NOTIFICATION: At the start of Round One at 12:01:00 AM ET on July 1, 2008, sample photos will be made available on the Contest Site as examples of the format required. All Styles will be preliminarily evaluated for eligibility and, at Sponsor's discretion, will be displayed on the Contest Site shortly thereafter. Between 12:01:00 AM ET on July 1, 2008 and 11:59:59 PM ET on August 4, 2008, members of the public who have registered at the Site will have the opportunity to judge the posted Styles, as often as once per day per Style on the basis of the following criteria: Overall Artistic Approach (1/3), Skill In Execution Of Hairstyle (1/3), and Level Of Technical Difficulty (1/3). After the Round One Entry Period, the Entrants who submitted the Styles with the five highest scores will be deemed the potential Contest Finalists. In the event of a tie, the tied entries will be re-judged by an additional judge who will serve as a tiebreaker and evaluate such tied entries according to the criteria listed above. All decisions of the judges are final and binding on all the participants. On or about August 18, 2008, potential Contest Finalists will be notified either by telephone and/or email that they are finalists.
4. ROUND TWO WINNER SELECTION/NOTIFICATON: In Round Two, beginning at 12:01:00 AM ET on August 18, 2008 and ending at 11:59:59 PM ET on September 1, 2008, all eligible entries will be judged by the Shu Uemura Art of Hair Atelier Directors approved by Sponsor on the basis of the following criteria: Overall Artistic Approach (30%), Skill In Execution Of Hairstyle (30%), Level Of Technical Difficulty (30%), and Stylists' Pick (10%). In the event of a tie, the tied entries will be re-judged by an additional judge who will serve as a tiebreaker and evaluate such tied entries according to the criteria listed above. All decisions of the judges are final and binding on all the participants. On or about September 1, 2008, the two potential Grand Prize Winner will be notified by telephone and/or email.
5. PRIZES: One (1) Grand Prize, a 4 day/3 night trip for two (2) to Tokyo, Japan, will be awarded. Grand Prize consists of roundtrip coach-class airfare for two (2) from a major airport close to winners' residence (carrier and airport to be selected by the Sponsor) to Tokyo, Japan; hotel accommodations (one room, standard, double occupancy) for three nights; and activities during the stay. Total Approximate Retail Value (ARV) for the grand prize: $8,000 (actual ARV will vary depending upon point of departure and rate of accommodations at time of travel). Travel dates may occur during the months of January 2009 through March 2009 with final dates to be determined and agreed upon subject to schedule availability of the Grand Prize Winner and Sponsor organizers.
Grand Prize does not include any costs or charges not expressly stated above, including without limitation, ground transportation, meals, hotel incidentals, gratuities, or service charges. All taxes and other expenses incurred are the winners' sole responsibility. Sponsor reserves the right to substitute prize of equal or greater value if an advertised prize becomes unavailable. No substitution, cash equivalent or transfer of prize permitted. Limit one prize per person and household.
Five (5) Stylists' Pick Prizes will be awarded. Each Stylists' Pick Prize consists of a feature on the Shu Uemura Art of Hair consumer website (date of feature to be determined), one (1) year's supply of Styling Station Product (1 case of mixed styling products per month), and a feature on an upcoming Haigō card (date of feature to be determined). Approximate Retail Value (ARV): $3600.
One Hundred (100) Instant Gratification Prizes will be awarded to the first 100 entrants of the Contest. Each Instant Gratification Prize consists of one (1) Shu Uemura Art of Hair Paddle Brush. Approximate Retail Value (ARV): $95.
Every participant will receive one (1) free bottle of Irondesign. To redeem product, participant must print confirmation page after entry is submitted, and submit to their Education and Business Consultant. Approximate Retail Value (ARV): $30.
6. TO CLAIM PRIZE: Potential winners will be notified as indicated in Section 3 and will be required to sign (or in the case of third party content, provide signatures for) and return to Sponsor the following, (all of which will be provided by Sponsor): (i) Affidavit of Eligibility and Liability, and where legal, a Publicity Release, (ii) a transfer and assignment of all rights in their Styles to Sponsor, (iii) releases of liability and publicity, and (iv) releases from any third parties featured in or who otherwise contributed to the Style. If any of the above documentation is not returned within a reasonable time period, properly executed or is returned as undeliverable, the prize will be forfeited and awarded to an alternate winner.
7. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: You must abide by these official rules and the terms and conditions herein in order to enter the Contest, upload the Style Entry and win. Sponsor reserves the right to prescreen, monitor and remove postings at its sole discretion. Entries containing statements about Shu Uemura Art of Hair products that do not meet legal advertising standards may be disqualified. Releasees are not responsible for any typographical or other errors in printing, the offering or administration of the promotion, or in the announcement, awarding or acceptance of prizes. Releasees have no liability whatsoever for any injuries, loses, or damages of any kind resulting from acceptance, possession, use or misuse of the prize or participation in this Contest nor are the Releasees responsible for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to participant's or any other person's computer related to or resulting from uploading Style or completing entry form or otherwise from participation in this Contest.
Sponsor and its subsidiaries, affiliates, agents, distributors, retailers, and all of their respective advertising and promotional agencies, representatives, employees, contractors, officers, directors, and agents (collectively, the "released parties") expressly disclaim any and all warranties of any kind (whether express, implied, statutory or otherwise), including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Released parties shall not be liable or responsible for those guarantees or warranties made or offered by advertisers, partners, manufacturers or suppliers, including those related to the prize. Under no circumstances shall released parties be held responsible or liable for your use of the information and/or products provided and/or made available through the contest or for errors or anomalies resulting in the unintended or erroneous participation, award of prize or other benefits under these official rules. Released parties offer no assurances, guarantees or warranties that the contest or related websites will be uninterrupted or error-free and do not guarantee the accuracy or reliability of any information obtained through the contest. Released parties will not be liable, and are not responsible, for damages of any kind related to your participation in or inability to participate in the contest, whether the damages are direct, indirect, incidental, special or consequential.
By entering the contest and/or accepting a prize, you agree that the released parties shall not be liable for, and will be held harmless by you against, any liability for any damage, injury or loss to person (including death) or property related in whole or in part, directly or indirectly, to acceptance, possession, use or misuse of prize, participation in any prize-related activity, use by a released party of any entry, participation in the contest, or any other claim or cause of action you may have against a released party.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you in whole or in part.
8. GENERAL CONDITIONS: By entering, each entrant irrevocably assigns to Sponsor all rights, title and interest in and to the Entry and the content and concepts embodied therein. By submitting the Style you agree that Sponsor has the unrestricted right to use the Style in whole or in part, commercially or non-commercially, in any media known or unknown (including without limitation on Sponsor's web site and/or on 3rd party sites), in perpetuity, worldwide, including the right to publish and display the Style in connection with the Contest and for advertising and promotional purposes, and to edit and make derivative works, all without additional review or compensation. Entries will not be returned. Releasees are not responsible for late, lost, incomplete, illegible, stolen, damaged, misdirected or postage due entries or mail (all of which such entries or portions of entries are void). Winners are responsible for the payment of taxes on prizes and for any other expenses relating to use of prizes. Winners consent to the use of their name and/or photograph for promotional purposes, including online announcements, without additional compensation, except where prohibited by law. Entrants agree that Sponsor and its designees shall have the right to publish, use, adapt, edit, modify, and/or create derivative works from the Entry in any way including in commerce and in any and all media worldwide, including but not limited to the Internet, without limitation and without compensation to the entrant.
Entrants are prohibited from submitting entries that: (i) contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights or has permission from the rightful owner to post the material and to grant Sponsor all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sponsor or any third party; (iii) contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. By entering the Contest, entrant affirms, represents and warrants that (i) his/her entry is an original work of the entrant; (iv) his/her entry does not defame or invade the rights or privacy of any person, living or deceased, and does not contain any material that would violate or infringe upon the copyrights, patents, trademarks, rights of privacy or publicity, or other intellectual property rights of any person or entity; (v) the posting of its entry on the web site will not infringe upon or violate the copyrights, patents, trademarks, rights of privacy or publicity or other intellectual property rights of any person or entity; (vi) to the extent that its entry contains any third party materials and/or depicts the name, likeness or indicia or identity of any person living or deceased, the entrant has secured and can provide, upon Sponsor's request, all necessary permissions to enable inclusion and use of such materials in his/her entry and posting of such materials on the web site.
Entrants agree that Sponsor shall have the right to immediately remove any entry and disqualify any entrant who has or is suspected of violating these Official Rules or whose entry infringes or potentially infringes upon the intellectual property rights or other rights of any person or entity.
Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, without regard to conflicts of law principles. Any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the City and County of New York. Entrants (or, if minors, their parents or legal guardians) hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
Sponsor reserves the right to cancel, suspend, and/or modify the Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserve 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to 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. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address 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. All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Contest at any time.
9. WHO WON? For a list of the winners go to www.shuuemuraartofhair-usa.com on or about September 1st, 2008.
10. SPONSOR: The Sponsor of this contest is Shu Uemura Art of Hair, Professional Products Division of L'Oréal USA Inc., 575 Fifth Avenue, New York, NY 10017.
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