Promo Info: NO PURCHASE NECESSARY. All participants must be a follower of All Things Hair US’s Instagram page and TRESemmé’s Instagram page. Must be a legal resident of 50 US/DC and at least 18 years old. Starts Monday, October 28, 2019, 1:45 pm EST and ends Thursday, October 31, 2019, 12:00 pm EST. To receive one (1) entry into the Sweepstakes: You must be following @allthingshairus and @tresemme and tag 2 friends. Limit of 1 Entry per person/Instagram account/email address for the entire Promotion Period. Sweepstakes winners will be randomly selected on or around Friday, November 1, 2019. Prize(s) is three (3) full take-home product range of TRESemmé heat styling tools and products. Approximate Retail Value (“ARV”): $91.
Sweepstakes Official Rules (Instagram)
These are the official rules of the Sweepstakes described in the above Promo Info (the “Promo Info”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. Void outside the geographic eligibility listed above and in the Promo Info and where prohibited by law.
- This promotion is open to residents of the US aged 16 or over except employees of the Promoter, their families, agents or anyone professionally connected with the promotion.
- To enter follow @allthingshairus and @tresemme on Instagram, visit the competition post on https://www.instagram.com/tresemme/ and Tag two friends in the comments section. For the entry to be valid, entrants must follow both accounts and tag two friends in the comments section of the post.
- The opening date for entries is 1:45 pm EST on 10/28/2019 and the closing date for receipt of entries is 12:00 pm EST on 11/01/2019
- Participants can enter as many times as they like, but each entry must tag two different friends.
- No applications from agents, third parties, organized groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.
- Each entry must not contain or refer to any brand other than those of Unilever All Things Hair and TRESemmé
- If anyone other than you appears in your entry, you must have their permission to use their name and/or likeness in the manner contemplated by this promotion.
- If any group of people elects to collaborate on a submission, they are required to designate one person as the agent of the group to enter the promotion, agree to these terms and conditions and accept the prize on behalf of the group.
- Entries received in connection with this promotion may be reviewed by the Promoter or a third party moderator after they have been placed online to confirm they comply with these terms and conditions. If any such entries are or could reasonably be construed as being unlawful or contrary to these terms and conditions, we may remove them from @allthingshairus and @tresemme immediately. The Promoter reserves the right to delete or remove any published entries from @allthingshair and @tresemme at any time without prior notice to entrants.
- By participating in this promotion, you agree to release, discharge and hold us harmless from any and all injuries, liability, losses and damages of any kind resulting from your participation in this promotion (save that nothing shall limit our liability for fraud, or for death or personal injury caused by our negligence).
- Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.
- There are 3 sets of Tresemme hair bundles to be won, Each bundle consists of :
- Tresemme Thermal Creations Heat Tamer
- Tresemme Thermal Creations Blow Dry Accelerator
- Tresemme Thermal Creations Blow Dry Balm
- Tresemme Thermal Creations Flat Iron Spray
- TresemmeKeratin Smooth Serum
- TRESemme 1” Curling Wand
- TRESemme 1” Flat Iron
- TRESemme Blow Dryer
The winning entry will be drawn at random by an independent third party from all entries received by the closing date will win. In the event of any dispute, the decision of the Promoter is final. In the event of unforeseen circumstances the Promoter reserves the right to substitute the prize for an alternative of equal or greater value. No correspondence will be entered into.
13. The winners will be notified by Instagram direct message from @tresemme within 28 days of the closing date. The winners must claim their prize by responding to the direct message confirming their full name and address within 28 days of the notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with the promotion rules.
14. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants are providing information to the Promoter and not to Instagram. Entrants release Instagram for all claims and liabilities arising in respect of the promotion.
16. These terms and conditions and any issues or disputes which may arise out of or in connection with these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with English law. Entrants hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.
If you think that any Entry infringes your intellectual property rights, contact us here if you wish to report it: Copyright Agent c/o Unilever Customer Experience Unilever United States, Inc. 800 Sylvan Avenue Englewood Cliffs, NJ 07632 by email at https://www.unileverusa.com/contact/contact-form/.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes Entry requirements set forth herein in its sole discretion. Sponsor reserves the right, in its sole discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry that fails to comply with the Sweepstakes Entry requirements. By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; and that (e) posting of the Entry via various media, including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Sponsor, Instagram, and Promotion Entities from any claims to the contrary.
By accepting a prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title, and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change, or modify any winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title, and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from the winner that the winner secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title, and interest in and to the Entry, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Entry. Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY PROMOTION ENTITIES AT ANY TIME DURING THE PROMOTION PERIOD (IN THE SOLE DISCRETION OF SPONSOR), AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT MAY BE CONFIRMED AS A WINNER OF ANY PRIZE.
- Winner Selection: On or about the drawing date listed in the Promo Info, the applicable number of winner(s) will be randomly selected in a random drawing from among all eligible Entries received during the Promotion Period. Odds of winning a prize depend on the number of eligible Entries received.
- Prizes: The number of prizes, prize details, and the Approximate Retail Value (“ARV”) of each prize for this Sweepstakes is detailed and determined in accordance with the prize information provided in the Promo Info. Any limit on the number of prizes per person/household will be listed in the Promo Info. Unclaimed prizes will not be awarded. If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute the prize with another prize of equal or greater value. Additional prize restrictions, conditions, limitations, and details are provided in the Promo Info.
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner’s responsibility, regardless of whether prize is used in whole or in part. All prize details are at the Sponsor’s sole discretion. Winner acknowledges that Promotion Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
- How to Claim Your Prize: Winner(s) will be contacted via a comment on/response to their Entry that includes an email address, or via direct message, on or around the date provided in the Promo Info. Each potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the Instagram account, including but not limited to providing the original file of his/her Entry, if applicable, in Sponsor’s sole discretion. The contact notification will include instructions on how to claim the prize. Any prize won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner(s) set forth herein. If winner is found to be ineligible, or not in compliance with these Official Rules and/or the Promo Info, declines to accept a prize, if Sponsor is unable to contact the winner within five (5) business days of attempting contact, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited. Potential prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. In the event that a potential prize winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected in a random drawing from the remaining eligible Entries, if time allows.
If applicable, all prizes will be shipped four (4) to six (6) weeks after verification, which will allow Sponsor to verify every winner’s compliance with these Official Rules. Promotion Entities shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners and to addresses within the 50 U.S./D.C.
By accepting a prize, each winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Sweepstakes or Sponsor, and Entries or other likenesses, without further compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
- Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the JAMS Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH 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 SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
- Ownership/Use of Entry: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON ANY OF SPONSOR’S WEBSITE(S), IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual license and right to publish, use, publicly perform, adapt, edit, and/or modify the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
- By entering, entrants (i) acknowledge compliance with these Official Rules and the Promo Info, including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. All issues of interpretation to be decided by Sponsor. Decisions of Sponsor are final and binding in all matters. Entrants who have not complied with these Official Rules and the Promo Info are subject to disqualification and all associated Entries will be void.
- Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. Sponsor’s clock is the official timekeeping device for this Sweepstakes.
- Sponsor reserves the right to disqualify any entrant’s Entry in the Sweepstakes or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means that subvert the entry process).
- If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the Instagram account/email address provided at time of entry and he/she must comply with these Official Rules and the Promo Info. “Authorized account holder” is defined as the natural person who is assigned to 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 email address.
- As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release Sponsor, Promotion Entities, Instagram, and each of their officers, directors, employees, and agents, from any and all liability, loss, or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto.
- All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without regard to any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the courts located in New York County, New York.
- Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winners from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes.
- Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, the offering or announcement of any prize or in any Promo Info or prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user’s computer system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
- Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and all associated Entries will be void) and will forfeit any prize won.
- In the event of any conflict with any Sweepstakes details contained in these Official Rules/the Promo Info, and Sweepstakes details contained in any other Sweepstakes materials (including but not limited to other social media content, point of sale, television, and print advertising, promotional packaging, and other promotion media) (“Sweepstakes Materials”), the details of the Sweepstakes as set forth in these Official Rules/the Promo Info shall prevail. The Official Rules/the Promo Info govern over all other communications. In the event of any conflict between these Official Rules and the Promo Info, the Official Rules shall prevail. Images of prize(s) as shown in Sweepstakes Materials are for illustrative purposes only. Actual prize may vary from the prize pictured. The ARVs of prizes as stated by Sponsor in the Sweepstakes Materials, the Promo Info, and/or in these Official Rules are subject to price fluctuations in the consumer marketplace. If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for the prize is less than the ARV stated by the Sponsor in the Sweepstakes Materials, the Promo Info and/or in these Official Rules, the winner(s) will not be entitled to a check or cash for the price difference.
- The invalidity or unenforceability of any provision of these Official Rules or the Promo Info shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and the Promo Info shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Sponsor: Conopco, Inc. d/b/a Unilever, 700 Sylvan Avenue, Englewood Cliffs, New Jersey 07632.