"DO YOU SHADES EQ" CONTEST
OFFICIAL RULES
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA,
18 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
ELIGIBILITY: Open to legal U.S. residents of the 50 United States or the District of Columbia who are 18 years of age or older. If the prospective entrant has not reached the age of majority in his/her state of residence, the consent of his/her parent or legal guardian is required in order to enter. 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. Proof of email and/or mailing entries does not constitute proof of delivery.
NOTE: A secondary contest will be held for Redken Distributor Sales Consultants and for Redken Artists. All entrants will be put into a separate pool of entrants and the winner will be chosen in the category of Redken Distributor Sales Consultants and Redken Artists. Redken Sales Consultants and Redken Artists will not be eligible to win the grand prize.
HOW TO ENTER: “Do You Shades EQ” Contest (the “Contest”) starts 12:01:00 am Eastern Time (ET) on February 1, 2008 and ends 11:59:59 pm ET on August 31, 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 February 1, 2008 and 11:59:59 pm ET on June 30, 2008 (the “Round One Entry Period”).
“Do You Shades EQ” is a contest in which entrants compete by submitting online an audiovisual recording that describes their experience and/or success story with Shades EQ, a demi-permanent haircolor exclusive for in-salon use. To enter this contest, you must have used and/or experienced Shades EQ prior to February 1, 2008. The Contest will be conducted in two phases. During the first phase of the Contest (“Round One”), participants will be invited to upload an Entry Video during the Round One Entry Period. All eligible Round One submissions will be rated by a panel of judges chosen by the Sponsor according to the judging criteria set forth in Section 3. The eligible Round One submissions with the five highest scores will be deemed the Five Contest Finalists. During the second phase of the Contest (“Round Two”), between August 1, 2008 and August 31, 2008, members of the public will be given the opportunity to vote for their favorite entry from among the five Contest Finalist Entry Videos. The two Contest Finalists who receive the most votes during Round Two of the Contest will be declared the potential Grand Prize Winners, subject to verification and compliance with these Official Rules.
To enter, go to www.doyoushadeseq.com (the “Contest Site”). Follow the onscreen instructions to register, enter, and upload your video (see below for details) submission (the “Video”). The Video 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 Video. Limit one entry per person and per household. Entries must be received by 11:59:59 p.m. ET on June 30, 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’Oreal USA, Inc. is not responsible for lost, stolen, illegible, misdirected, or late submissions.
Creating the Video Entry. Create an original video showing “My Experience and/or Success Story with Redken Shades EQ”. The Video: (1) must be in one of the following formats: .MOV, .AVI, .WMV or .MPG and must not be larger than 100MB; and (2) must meet the following criteria:
- Must use creativity, humor and audience appeal to convey entrant’s experience with and/or success story with Redken Shades EQ demi-permanent professional haircolor.
- Must be in English;
- Must be no longer than 60 seconds;
- Must only contain a headshot of the entrant in the frame of the video, with nothing else in the background.
- Must be original to entrant, must include the appearance of the entrant only (no other individual) and must not (nor can it contain anything that) violates the rights of any third parties including, but not limited to copyrights (including music), trademark, and rights of publicity/privacy. Do not show any 3rd party trademarks, company names, or logos; and
- Must be in keeping with Sponsor’s image and not contain any offensive or inappropriate content or depict or incorporate: unsafe behavior or situations; obscenity; defamation or disparagement of any product or person; or other offensive conduct or material, or otherwise include inappropriate content as determined by Sponsor in its sole discretion.
You must have written permission from any identifiable person that contributed to the Video (“Participant”), or anyone who has allowed the use of his/her name, likeness/voice or contribution in the video Entry, 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 18 years or older. If Participant has not reached the age of majority in his/her state of residence, his/her parent or legal guardian must also sign.
Registration and entry form must be completed in full and contain the entrant’s name, address, 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 an HD or high resolution QuickTime MOV file of their video entry onto a data DVD for their records and to ensure the best viewing of the video if Entry is selected as a winner.
Privacy: By entering the Contest, you agree to Redken’s Privacy Policy, located at: http://www.redken.com/commitment/index.cfm?action=privacy_policy.
NOTE: For Distributor Sales Consultants and Redken Artists all rules stated above for entering apply. Entries will be accepted at 12:01:00 AM ET on February 1, 2008 and end on May 31, 2008. Winners will be announced by June 30, 2008.
ROUND ONE JUDGING CRITERIA/FINALIST SELECTION/NOTIFICATION: At the start of Round One at 12:01:00 AM ET on February 1, 2008, a series of sample videos will be made available on the Contest Site as examples of the format required. All Entry Videos 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 February 1, 2008 and 11:59:59 PM ET on June 30, 2008, members of the public who have registered at the Site will have the opportunity to view and comment on the posted Entry Videos once. After the Round One Entry Period, all eligible entries will be judged by a qualified panel of judges approved by Sponsor on the basis of the following criteria: Creativity (40%), Humor (30%), and Audience Appeal (30%). The Entrants who submitted the Videos with the five highest average 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. On or about July 15, 2008, potential Contest Finalists will be notified either by telephone and/or email that they are finalists.
ROUND TWO WINNER SELECTION/NOTIFICATON: In Round Two, beginning at 12:01:00 AM ET on August 1, 2008 and ending at 11:59:59 PM ET on August 31, 2008 (the “Finalist Voting Period”), each of the five Contest Finalists’ Videos will be posted on the Contest Site. Members of the public who have registered on the Contest Site (the “Voters”) will be invited to view each Contest Finalist Video and vote for their favorite. Voters may only vote ONCE during the Finalist Voting Period; any attempt by a Voter to vote more than once may result in disqualification of all Voter activity produced by that Voter. The two Contest Finalists who receive the most votes from the public during the Finalist Voting Period will be declared the Grand Prize Winners. In the event of a tie after the Final Voting Period, the tie will be broken by a panel of judges based on the same criteria used in Round One. On or about September 15, 2008, the two potential Grand Prize Winners will be notified by telephone and/or email.
PRIZES: Two (2) Grand Prize 4 day/3 night trips for two (2) to New York, NY will be awarded. Each 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 New York, NY; hotel accommodations (one room, standard, double occupancy) for three nights; participation in a photo shoot where the Grand Prize Winners will be featured in an advertorial campaign in the January 2009 issue of “American Salon Magazine”, showcasing their “Shades EQ Story”. Total Approximate Retail Value (ARV) for each grand prize: $2,000.00 (actual ARV will vary depending upon point of departure and rate of accommodations at time of travel). Photo shoot and travel dates will occur during the month of October 2008 with final dates to be determined and agreed upon subject to schedule availability of the Grand Prize Winners 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.
NOTE: There will be a separate prize for the Redken Distributor Sales Consultant and another prize for the Redken Artists. The Redken Distributor Sales Consultant prize will be $1000 (tax free). The Redken Artist prize will be $1000 (tax free) and the winner will be a featured on the DoYouShadesEQ.com website.
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 by August 1st, 2008, 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 Videos to Sponsor, (iii) releases of liability and publicity, and (iv) releases from any third parties featured in or who otherwise contributed to the Video. If a potential winner has not reached the age of majority in his/her state of residence, the entrant’s parent or legal guardian will be required to sign all of the foregoing documentation in order for the potential winner to claim a prize and the prize will be awarded to potential winner’s parent or legal guardian. If any of the above documentation is not returned within the time period, properly executed or is returned as undeliverable, the prize will be forfeited and awarded to an alternate winner.
LIMITATIONS: You must abide by these official rules and the terms and conditions herein in order to enter the Contest, upload the Videos and win. Sponsor reserves the right to prescreen, monitor and remove postings at its sole discretion. Videos containing statements about Redken 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 Video or completing entry form or otherwise from participation in this Contest.
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 Video you agree that Sponsor has the unrestricted right to use the Video 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 Video 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; (ii) 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; (iii) 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; (iv) 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.
WHO WON? For a list of the winners go to www.doyoushadeseq.com on or about October 1st, 2008.
SPONSOR: The Sponsor of this contest is Redken 5th Avenue NYC, Professional Products Division of L’Oréal USA Inc., 575 Fifth Avenue, New York, NY 10017.