Legal

THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY

AND IS GOVERNED BY CANADIAN LAW

SEBASTIAN PROFESSIONAL CHATTERS SHARE YOUR SHAPER CONTEST (“CONTEST”)

OFFICIAL RULES & REGULATIONS (“RULES”)

The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Any personal information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Instagram is completely released from all liability by each Entrant (defined below) in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor (defined below) and not Instagram. You may only use one (1) Instagram account to participate in this Contest.

 

  1. CONTEST PERIOD:

The Contest begins on May 1, 2018, at 12:00 a.m. Eastern Time (“ET”) and ends on June 27, 2018, at 11:59 p.m. ET (the “Contest Period”).

 

  1. ELIGIBILITY:

Contest is open to all residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry (each an “Entrant” and collectively, “Entrants”), except for employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of HFC Prestige International Canada Inc. (the “Sponsor”), its subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).

 

  1. HOW TO ENTER:
  1. NO PURCHASE NECESSARY. To participate in this Contest, you must have a valid Instagram account (the “Account”). If you do not have an Account, visit www.instagram.com and register in accordance with the instructions for a free Account.
  2. Entry Limit. Limit of one (1) Entry (described below) per person per calendar day during the Contest Period. A photo may only be used once during the Contest Period.
  3. During the Contest Period, you can enter the Contest by uploading a photo to your Account and ensuring that your Entry (defined below) complies with Section 3(d) below and all other requirements listed in these Rules or otherwise communicated to you by the Sponsor.
    Hereafter, all Instagram posts mentioned in this Section 3(c) above will be referred to, individually, as an “Entry” or collectively, “Entries”.
  4. To be valid, your Entry must:
    i. comply with the specific Submission Requirements listed below in Section 4, including all required permissions to use;
    ii. contain a photo that shows you, a parent or a friend, or your client if you’re a stylist, with a hairstyle that best represents the Sebastian Shaper brand (if you are a stylist, or if the photo shows a parent or a friend, the hairstyle must be styled by you);
    iii. include the following hashtag: #ChattersShaperContest (the “Hashtag”);
    iv. comply with Instagram Terms of Use and Community Guidelines; and
    v. conform to Instagram character or other posting limitation(s), as applicable, including the Hashtag.
  5. Any Entry that does not follow the above format (as determined by the Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest
  6. All Contest Entrants must have a valid Instagram Account and the Account must be “public” (i.e. non-private) such that the Sponsor, or its duly appointed representative, can view and verify the Entry for the purposes of this Contest and in accordance with these Rules. Contest Entrants who maintain private Accounts may have their Entry or Entries disqualified (in the Sponsor’s sole and absolute discretion) if the Sponsor, or its designated representative, is unable to view and/or verify the Entry for the purposes of this Contest and verification of Prize (described below) eligibility.
  7. An Entry will be considered to be void if the Entry: (i) is incomplete or illegible; (ii) is not submitted and received during the Contest Period in accordance with these Rules; (iii) does not include the Hashtag; (iv) does not conform to Instagram character or other posting limitation(s), as applicable, including the Hashtag; (v) does not comply with the Instagram Terms of Use and Community Guidelines; and/or (vi) is not in accordance with the specific Submission Requirements listed below in Section 4 (all as determined by the Sponsor in its sole and absolute discretion).
  8. Standard data rates apply to Entrants who submit an Entry via a wireless mobile device, as applicable. Please call your service provider for pricing and service plan information and rates before mobile device participation.
  9. Only the first valid (in accordance with these Rules and in the Sponsor’s sole and absolute discretion) Entry you submit each day of the Contest Period will be considered for the purposes of this Contest (regardless of how many times you submit an Entry during one calendar day). For greater certainty and the avoidance of any doubt, you can only use one (1) Account to participate in the Contest. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use (or is attempting to use) multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
  10. All Entries 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 —including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry submitted (or purportedly submitted) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

 

  1. SUBMISSION REQUIREMENTS:

BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND INSTAGRAM TERMS OF USE AND COMMUNITY GUIDELINES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY ENTRY OR ENTRIES YOU SUBMIT. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND/OR INSTAGRAM TERMS OF USE AND COMMUNITY GUIDELINES, THE SPONSOR RESERVES THE RIGHT TO REMOVE OR OTHERWISE TAKE DOWN ANY ENTRY OR OTHER SUBMITTED CONTENT RELATED TO THIS CONTEST THAT VIOLATES THESE OFFICIAL RULES OR ANY OTHER INSTRUCTIONS COMMUNICATED BY THE SPONSOR.

By participating in the Contest, each Entrant hereby warrants and represents that his/her Entry:

  1. is original to him/her and that the Entrant has obtained all necessary rights, permissions and consents for the purposes of entering the Entry in the Contest;
  2. does not violate any law, statute, ordinance or regulation;
  3. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever;
  4. does not include other people or, if so, that he/she has obtained the permission of the individuals in the Entry to use the photo for the purpose of this Contest and to identify the individuals in the post, as the case may be (if a minor appears in the Entry, the Entrant must be the parent and/or legal guardian of the minor); and
  5. is not defamatory, trade libellous, pornographic or obscene, and further that it will not contain, 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); content 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), except if permission was obtained in the case of an individual’s name or Instagram username; commercial messages, comparisons or solicitations for products or services other than products of the Sponsor; any identifiable third party products, trademarks, brands and/or logos, other than those of the Sponsor and promotional partners; conduct or other activities in violation of these 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.

 

  1. LICENCE:

By entering the Contest and submitting an Entry, each Entrant: (i) without limiting Instagram Terms of Use grants to the Sponsor, GHD Professional, North America, Inc. and Chatters Limited Partnership, in perpetuity, a non-exclusive licence to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest parties, GHD Professional, North America, Inc. and Chatters Limited Partnership and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) 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 relate in any way to the Entry. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any Entry if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated Entrant. If the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated Entrant. Entries will NOT be judged.

 

  1. THE PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

GRAND PRIZE

There are eight (8) prizes (“Prizes”) available to be won, one (1) each week, each consisting of:

  • One (1) ghd Classic Styler (ARV: CAN$200);
  • One (1) gift basket of Sebastian professional products (ARV: CAN$100). The selection and quantity of products will be determined by the Sponsor at its sole and absolute discretion. The stated ARV represents the total approximate retail value of the products to be furnished to the winner.

The ARV of the each Prize is CAN$300.

The Prizes must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by the Sponsor in its sole and absolute discretion). No substitutions except at the Sponsor’s option. The Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at the Sponsor’s sole and absolute discretion, a cash award. A Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Account associated with the selected Entry in question.

 

  1. WINNERS SELECTION PROCESS:

On May 8, 15, 22 and 29 and on June 5, 12, 19 and 28, 2018 (the “Announcement Dates”) at 12:00 p.m. ET at the offices of the Sponsor’s advertising agency in Montreal, one (1) Entry will be randomly selected by the Sponsor, or its designated representative, from among all valid (as determined by the Sponsor in its sole and absolute discretion) Entries received during the participation period indicated in the chart below (the “Participation Period”). The odds of winning depend on the number of valid (as determined by the Sponsor in its sole and absolute discretion) Entries received during the Participation Period that comply with these Rules.

Participation Periods Announcement Dates
From May 1 to May 7, 2018, at 11:59 p.m. May 8, 2018
From May 1 to May 14, 2018, at 11:59 p.m May 15, 2018
From May 1 to May 21, 2018, at 11:59 p.m. May 22, 2018
From May 1 to May 28, 2018, at 11:59 p.m. May 29, 2018
From May 1 to June 4, 2018, at 11:59 p.m June 5, 2018
From May 1 to June 11, 2018, at 11:59 p.m. June 12, 2018
From May 1 to June 18, 2018, at 11:59 p.m. June 19, 2018
From May 1 to June 27, 2018, at 11:59 p.m June 28, 2018

There is a limit of one (1) Prize per person.

 

The Sponsor or its designated representative will attempt to contact the potential Prize winner by public message (using a personalized message and/or @reply to the Account used to submit the corresponding selected Entry and instructing the potential Prize winner to private message the Sponsor) within 5 business days of the Announcement Date. If the potential Prize winner cannot be contacted within 5 business days of the Announcement Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner on the basis of an additional random drawing from among all remaining valid (as determined by the Sponsor in its sole and absolute discretion) Entries that comply with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected Entrant).

BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, any selected Entrant will be required to: (a) correctly answer a time-limited mathematical skill-testing question without mechanical or other aid; and (b) sign and return within 5 business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest, photograph or other likeness and/or Entry without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the Internet. If the selected Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly signed executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded), in whole or in part, for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner on the basis of an additional random drawing from among all remaining valid (as determined by the Sponsor in its sole and absolute discretion) Entries that comply with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected Entrant). 

Within two (2) to four (4) weeks following the moment Prize winners are confirmed, the Sponsor will send the Prizes to winners by mail.

 

  1. GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or Entrants, subject to, for Quebec residents, any decision by the Régie des alcools, des courses et des jeux du Québec. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

By entering the Contest, each Entrant releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof. Winners are solely responsible for any federal, provincial or local taxes or any tax associated with the acceptance or use of a Prize, as the case may be.

The Entrant selected for a Prize acknowledges that the only applicable warranty is the manufacturer’s normal warranty, if applicable.

The Released Parties will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.

In the event of a dispute regarding who submitted an Entry, the Entry will be deemed to have been submitted by the authorized account holder of the Account used to submit the Entry in question. “Authorized Account Holder” is defined as the person who is assigned an Account by Instagram. An Entrant may be required to provide proof (in a form acceptable to the Sponsor—including, without limitation, government-issued photo identification) that he/she is the Authorized Account Holder of the Account associated with the Entry in question and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, where applicable, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by the Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor further reserves the right to cancel or suspend part or all of this Contest if Instagram changes its Terms of Use or Community Guidelines during the course of the Contest in a manner that interferes with the Sponsor’s intended conduct of this Contest. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrants and the Contest parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions. To the extent permitted by law, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Contest or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the Ontario Courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event may include legal fees, disbursements or court costs; and (3) under no circumstances will Entrants be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, indirect, incidental and consequential damages, and any other damages, other than actual out-of-pocket costs. Notwithstanding the foregoing, for Quebec residents: 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.

By entering this Contest, each selected Entrant agrees to the publication, reproduction and/or other use of his/her name, place of residence, voice, statements about the Contest or the Prize, photograph or other likeness and/or Entry without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor, GHD Professional, North America, Inc., or Chatters Limited Partnership in any manner whatsoever, including print, broadcast or the Internet.

By entering this Contest, each Entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with the Sponsor’s privacy policy (available at: shareyourshaper.ca/privacy-policy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason

If a section of the Contest Rules is declared or deemed illegal, unenforceable or invalid by a competent court, that section shall be considered invalid, but all unaffected sections will be applied within the limits of the law.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules and/or point of sale, television, print or on-line advertising, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. The name of the winners may be obtained by mailing a self-addressed stamped envelope to: HFC Prestige International, 5800 Avebury Road, unit 1, Mississauga, Ontario, L5R 3M3, Canada. All requests for such information must be received by the Sponsor no later than December 31, 2018.