The HairUWear Professional "Extend Your Creativity" Contest Official Rules and Guidelines
The HairUWear Professional “Extend Your Creativity” Contest Official Rules and Guidelines
What’s it all about?
HairUWear Professional (aka HUW PRO the "Sponsor") and Modern Salon (the "Administrator") want to see your creativity! Show us your best updos and HUW PRO will select 10 finalists from all entries received. The 10 finalists will be sent a HUW PRO Clip-in Extension Starter Kit (valued at $810). Finalists will use the kit to create two new looks for the second round of voting. The vote then goes to the public to decide their favorite look.
The winner will be joined by a HUW PRO educator on a MODERN SALON photoshoot and attend a MODERN SALON Artist Session workshop in New York City! A prize valued at over $5,000*.
- NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
- VOID WHERE PROHIBITED.
- ADMINISTRATOR AND EACH SPONSOR OPTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- THIS IS A SKILL BASED CONTEST.
BY ENTERING/PARTICIPATING IN THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE ADMINISTRATOR AND EACH SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Contest is open to: (a) licensed cosmetologists (b) who are over the age of 18 (c) are physically located in the continental United States (d) and agrees to submit two additional looks using the HUW PRO Clip-in Extension Starter Kit as a part of their entry in the Finalists round. Any entrant not meeting these requirements set forth in the previous sentence will be eliminated from the Contest. The determination of whether a salon meets the eligibility requirements will be made by the Administrator, in Administrator’s sole and absolute discretion. By participating, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below), Administrator and/or the Sponsors, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.
2. Entry Period. The Contest begins on 9:00 a.m. Central Time ("CT") on April 1, 2015 and all entries must be received by the Administrator on or before 11:59 p.m. CT on April 30th, 2015, subject to extension by the Administrator, in its sole and absolute discretion (the “Entry Period”).
3. How To Enter. To enter the Contest, during the Entry Period, you may visit the Contest website at www.modernsalon.com/HUW-PRO (the "Contest Website"). The Contest Website will contain a description of the Contest and the official entry form. Each entrant must submit an entry form, during the Entry Period, which must include, the following nine (9) pieces of information (the official entry form and any other materials, photos, videos or information provided is collectively referred to as your “Entry”):
1. First Name
2. Last Name
4. Home Street Address
5. Home Street Address - City
6. Home Street Address - State
7. Home Street Address - Zip
8. Salon Name
9. Submit up to 2 images of updos that provide the judges with a visual representation of your skill. The submission of either the photographs or the video must be in accordance with the requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below).
Only one Entry per stylist. An Entry may, in Administrator’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. All eligible Entries to the Contest will be entered in the Contest. For purposes of this Contest, an Entry is “received” when the Contest Website’s servers record the Entry information. Proof of sending does not constitute proof of actual receipt of an Entry for purposes of this Contest. The database clock of Administrator’s Contest Website will be the official time keeper for the Contest. Those who do not follow all of the instructions, provide all the required information in their entry form, or abide by these Official Rules or other instructions of Administrator may be disqualified at the Administrator’s sole and absolute discretion. All Entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at the Administrator’s sole and absolute discretion. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process are void. All Entries become the physical property of Administrator and the Sponsors and will not be acknowledged or returned.
In the event of a dispute as to the identity of any entrant, the Entry will be deemed submitted by the holder of the e-mail account from which it was sent but only if such person is otherwise eligible. The account holder is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. The winner (defined below) and the ten (10) finalists may be required to show proof of being a licensed cosmetologist. If a dispute cannot be resolved to the Administrator’s satisfaction, the Entry will be deemed ineligible at Administrator’s sole and absolute discretion. Administrator, Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries. Assurance of delivery of Entries is the sole responsibility of the entrant.
4.Entry Guidelines. Any Entry that does not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website, each the Administrator’s sole and absolute discretion:
- Photos must be readily accessible by the Administrator and submitted by the entrant in the following file format: JPG, GIF, PSD, TIF, BMP.
- Administrator does not permit the infringement of others’ rights and any use of materials, photos or work not original to the entrant is grounds for disqualification from the Contest. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- An Entry must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous; (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) invades the privacy or publicity rights of any person, living or deceased; (d) is unlawful; (e) is harmful to other users of the Contest Website such as viruses, trojan horses or other technologies that could adversely impact the Contest; and/or (f) is disparaging to the Administrator and/or the Sponsors or is inconsistent with the positive images and/or goodwill to which the Administrator and/or Sponsors wish to associate (at Administrator’s sole and absolute discretion).
- Entrant must have permission from any individuals that appear in their Entry.
- No background artwork should appear in the Entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in an Entry must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
5.Intellectual Property. Entrants (on behalf of themselves and others in their submission), upon submission of their Entry to the Contest, hereby irrevocably grant to the Administrator and each of the Sponsors and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry submitted as part of the Contest, and all images, video, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any notification, compensation or attribution to entrants (or individuals in the Entry) except for the awarding of the recognition and prizes in this Contest if the entrant is selected as the honoree. The Administrator and the Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, the Administrator and each of the Sponsor will have the right to use the Entry submitted as part of the Contest, and all images, photos and information depicted therein, in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants (and the individuals in the Entry) hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Entries submitted as part of the Contest. Notwithstanding that the Administrator and each of the Sponsors is granted a non-exclusive license in entrant’s submission, entrants acknowledge that as a condition to being selected as a honoree of this Contest, the Administrator may request that a honoree submission, and any rights therein, be assigned to the Administrator and the Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by the Administrator) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to the Administrator and each of the Sponsors free of any limitations, restrictions or third party obligations. Entrants agree that the Administrator and each of the Sponsors shall have the unfettered discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Entrants (and the individuals in the Entry) agree not to issue or create any publicity concerning the Administrator or any of the Sponsors. Entrants agree that neither the Administrator or any of the Sponsors nor their agents shall be responsible for return or preservation of the submissions submitted. All Entries that are posted on the Contest Website are available to be viewed by anyone with access to the Internet. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities. The decisions of the Administrator are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for the Administrator and its designees to use his/her name, address (city and state), Entry, and/or likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval or compensation. Administrator reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entry in order to grant the Administrator and each of the Sponsors the rights required herein in a form acceptable to Administrator. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
6.Representations, Warranties and Indemnity. Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Entry and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such entrant, are the result of the entrant’s original work and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to use the likeliness of any individuals in the Entry and that the Administrator and the Sponsor have the complete and unfettered right (as explained above) to use the individuals’ likeness in any way they see fit without any limitation whatsoever. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules, to submit the salon in this Contest and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, or assigned the Entry to any other third party. Further, each entrant represents and warrants that Administrator’s use of any Entry shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7.Determining the Finalists. After the conclusion of the Entry Period, Sponsor will select ten (10) finalists based on the eligible Entries received during the Entry Period and the criteria outlined below.
- Creativity 30%
- Degree of difficulty 30%
- Overall presentation 40%
8.Determining the Honoree.
The ten (10) finalists will then be required to submit two (2) additional looks which adhere to the following criteria:
- Creativity 20%
- Degree of difficulty 20%
- Overall presentation 20%
- Fan voting 20%
- Creative use of HUW PRO Extensions 20%
The Finalists' entries must adhere to additional guidelines.
- Final round entry images must be at least 300DPI.
- A “before” image showing how the model appeared prior to being worked on must be included with the final look.
- A Placement Pattern form will need to be completed which identifies where the extensions have been placed on the head. These forms will be sent with the HUW PRO Clip-in Extension Starter Kit.
- Finalists will also need to share how many HUW PRO extensions were used, what lengths and what special treatment if any that they did to the extensions such as modifying the width or modifying the color.
If there is a tie after the Judges apply the Judging Criteria, the Administrator will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the honoree. Entrants agree that the decisions of the Judges or the tie breaking Judge are final and are not subject to review or any type of appeal. By submitting the Entry, the entrant expressly waives any right to challenge or seek any explanation of the Judges’ or tie breaking Judge’s decisions.
9. Honoree Notification. The honoree will be notified by mail and/or e-mail (as selected by Administrator) on or about June 22, 2015, and the honoree will be publicly announced in the August edition of Modern Salon, unless extended by Administrator. The Administrator is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, one (1) day after sending via a delivery service or two (2) days after mailing. If Administrator is unable to contact the honoree or the honoree is not in compliance with any of these Official Rules, the Contest rules or procedures, the Entry and honoree will be disqualified and the prize(s) will be forfeited, at Administrator’s sole and absolute discretion, and an alternate honoree may be selected or no alternate honoree may be selected. If any potential honoree is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, he/she may be disqualified and an alternate potential honoree may be selected. Administrator is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential honorees.
10.PRIZES: The toolkit valued at $810 includes 27 HUW PRO Clip-In Extensions – three extensions in each of the 9 colors to accommodate a wide range of hair colors, match Book – Human hair swatches for color matching, toolkit case – Crafted to be sturdy, compact enough for stations and aesthetically appealing in neutral colors will be awarded to 10 finalists. Those who do not submit the two additional looks required for the finalist’s submissions will be required to return the toolkit or pay the full retail value to Sponsor.
The Honoree will receive a trip to New York City; airfare and lodging for one at a date to be determined for a Modern Salon Artist Session and Photoshoot. (Prizes are not transferable; no substitutions or equivalents are permitted, except by the Sponsor at its sole discretion. Allow 2-3 weeks for delivery of the prizes. All costs related to a prize not specifically stated within these Official Rules are the sole responsibility of the winner. Sponsor shall have no obligation (express or implied) to further exploit, develop, produce, or distribute any entry submission. Prizes will not be shipped outside of the continental United States.
11. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the honorees or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Administrator, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Administrator’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Administrator, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Administrator reserves the right, in its sole and absolute discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential honoree from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Administrator. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Release. By participating in the Contest, entrants agree to release, discharge and hold harmless the Administrator, all the Sponsors, Salon Today (including, but not limited to, its editorial team), the Judges and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any recognition or prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or recognition or prize). Without limiting the generality of the foregoing entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to recognition or prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Administrator is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
13.Suspension / Modification / Termination. In the event Administrator is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Administrator’s control (each a “Force Majeure” event or occurrence) Administrator shall have the right to modify, suspend or terminate the Contest. Administrator additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Administrator’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
14.. Governing Law / Resolution of Disputes. All disputes between an entrant and the Administrator or the Sponsors in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Each entrant agrees to submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, in any action arising from or relating to this Contest or these Official Rules.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
15.List of Contest Honorees / Official Rules Requests. To receive notice of the honoree, send a stamped self-addressed envelope to: HUW PRO “Extend Your Creativity” Contest, Vance Publishing Corporation, 400 Knightsbridge Parkway, Lincolnshire, IL 60069, within sixty (60) days of announcement of the honoree. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to HUW PRO “Extend Your Creativity” Contest, Vance Publishing Corporation, 400 Knightsbridge Parkway, Lincolnshire, IL 60069, prior to the end of the Entry Period. Vermont residents may omit return postage with Official Rules requests.
16. Identification of Administrator. This Contest is administrated by Vance Publishing Corporation, 400 Knightsbridge Parkway, Lincolnshire, IL 60069. If an entrant would like to be removed from the mailing list for the Contest, he or she should send written notification to the Administrator at this address.
//END OFFICIAL RULES//