I. TERMS AND CONDITIONS OF PARTICIPATION
This event is not connected to Instagram in any way and is in no way supported, supervised or monitored by Facebook or Instagram. Henkel AG & Co. KGaA, Henkelstraße 67, 40589 Düsseldorf (herewith “Henkel”), not Facebook or Instagram, is the recipient of the information provided by you. All questions, comments and complaints should be directed to Henkel, not to Facebook or Instagram.
If you activate and enter the competition on Instagram or Facebook, your personal data may be collected directly from you (e.g. IP address and cookie ID) by Facebook or Instagram and used for the purposes of Facebook or Instagram. This can also occur in the USA. We are not responsible for gathering and using personal data, which can also include setting cookies, or Instagram. You can find more information on the precise data processing operations, retention periods and processing purposes directly on Instagram, and the data protection agreement of Facebook, Inc. can be downloaded here.
- Process and execution of the competition
The competition host is Henkel AG & Co. KGaA, Henkelstraße 67, 40589 Düsseldorf (herein “Henkel”).
- The online-competition will take place from October 15, 2022 at 12:00pm CET to November 30, 2022, 23.59 pm CET.
- For participating in the online-competition, participants must submit their picture of a STMNT hairstyling look made by himself/herself and created with the STMNT Grooming Goods products. The participant uses the hashtags #STMNTxDefer and tags @stmntgrooming. Participation channels are the campaign website and Instagram with the #STMNTxDefer. FOR RESIDENTS OF CANADA: see participation requirements set out below.
- FOR RESIDENTS OF CANADA: NO PURCHASE NECESSARY. To participate in the competition, you must log-in to your Instagram account and post one (1) in-feed picture or video that: (i) depicts a unique and original STMNT hairstyling look made by you and created with STMNT Grooming Goods products (IMPORTANT NOTE: In place of using STMNT Grooming Goods products, an entrant may alternatively use similar product(s) by a brand of his/her choosing); and (ii) includes #Contest, #STMNTxDefer and tags @stmntgrooming (an “entry”). You may only use one (1) Instagram account to participate in this competition. To be eligible, all content and materials associated with your entry (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these terms during the competition period; (ii) include all required components and materials noted above; (iii) be in accordance with these terms, including, but not limited to, the specific participation requirements listed below in section 3; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of Instagram (the “Social Platform Rules”) (all as determined by Henkel in its sole and absolute discretion).
The prizes available:
- Grand prize:
One (1) prize package consisting of: (i) an Original Artwork Print from Alex Kizu (also know as the Artist Defer) for the STMNT Artist Edition 2022 which is printed on the All-in-One-Cleanser; (ii) a full STMNT Grooming Goods product (determined at Henkel’s discretion); and (iii) an Artist Edition Merchandise Package including (including a T-shirt black, Cape black, Sweater black, and Sweater white). The total approximate retail value of the grand prize is 1000 Euros (approximately $1,300 CAD).
- Second and third prize:
- There is one (1) second and one (1) third prize available in the competition, each consisting of: (i) A full STMNT Grooming Goods product (determined at Henkel’s sole discretion); and (ii) an Artist Edition Merchandise Package (including a T-shirt black, Cape black, Sweater black, and Sweater white). The total approximate retail value of each second and third prize is 150 Euros (approximately $200 CAD).
- Local prize (if available): FOR RESIDENTS OF CANADA: No local prize is available.
- IMPORTANT NOTE: Amounts stated above are an estimate only, based on the applicable exchange rate at the time of preparing these terms. Under no circumstances whatsoever will any difference between the actual retail value of a prize as at the time of fulfillment or otherwise and the approximate retail value, in Euros or Canadian dollars, of that prize noted above be awarded.
- Winner Selection and Notification:
- The winners will be selected by our three creators, consisting of Sofia Justine Pok (Sofie Staygold), Julius Tanedo (Julius Ceasar) and Miguel Gutierrez (Nomad Barber) and the Artist Alex Kizu (Artist Defer). After the end of the competition, the above judges will judge and assign a score to each entry on the basis of the following equally weighted criteria: creativity, originality and technique.
- The entrant whose entry obtains the highest score will be selected as a potential grand prize winner, the entrant whose entry obtains the second highest score will be selected as a potential second prize winner, and the entrant whose entry obtains the third highest score will be selected as a potential third prize winner. The odds of winning depend on the number and calibre (based on the judging criteria) of eligible entries received. In the event of a tie between two or more entries based on score, the entrant associated with the entry – from amongst all such entries that are tied – with the highest score on the creativity criterion listed above will be deemed to have obtained the higher score. Judging is scheduled to be completed on or about January 20, 2023. The winner will be informed via Instagram message.
2. Eligibility to participate
All natural persons who are at least 18 years old and have a residence in the USA, Argentina, Austria, Brazil, Canada, Croatia, Colombia, Czech Republic, France, Germany, Greece, Hungary, Mexico, Netherlands, Poland, Portugal, Spain, Switzerland or the United Kingdom have agreed to the terms and conditions of participation and have posted a picture or video of a STMNT hairstyling look created by himself/herself on Instagram with #STMNTxDefer and tagged @stmntgrooming.
In order for the jury to be able to see the pictures on the Instagram account of the participant, the privacy settings of the Instagram account must be put on “public”.
In order to participate in the competition, all personal information supplied must be valid and true. Each participant may only take part on his or her own behalf. Employees of the supporting agency, Henkel and associated companies, as well as their dependents, are not eligible to participate.
3. Consent of persons depicted / Liability
The participant must obtain prior express consent from each person shown in any pictures and/or videos submitted that they agree to these pictures and/or videos of them being submitted as part of the competition and published on the internet (websites and social media channels). The Participant guarantees and shall be liable for ensuring that all pictures and/or videos submitted are free of third-party rights.
FOR RESIDENTS OF CANADA: Without limiting any of the foregoing, BY PARTICIPATING IN THIS COMPETITION, YOU AGREE TO RELEASE THE COMPETITION PARTIES, INSTAGRAM INC., AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE COMPETITION AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE COMPETITION. BY PARTICIPATING IN THIS COMPETITION, YOU ALSO AGREE THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY COMPETITION-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS AND/OR THE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE COMPETITION AND/OR AWARDING OF ANY PRIZE. By participating in the competition, each entrant hereby warrants and represents that any competition-related information he/she submits does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence, and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party. By participating in the competition, each entrant hereby warrants and represents that any Entry Materials he/she submits:
i) is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the competition;
ii) does not violate any law, statute, ordinance or regulation;
iii) does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
v) is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, 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 Henkel); 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); commercial messages, comparisons or solicitations for products or services other than products of Henkel; any identifiable third party products, trade-marks, brands and/or logos, other than those of Henkel; conduct or other activities in violation of these terms; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Henkel in its sole and absolute discretion.
Henkel and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these terms are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these terms, or for any other reason. If such an action is necessary at any point during or after the competition, then Henkel reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding entry and/or the associated entrant) – to help ensure that the competition is being conducted in accordance with the letter and spirit of these terms.
By entering the competition and submitting an entry, each entrant: (i) without limiting the Social Platform Rules, as applicable, grants to Henkel, in perpetuity, a worldwide, non-exclusive, license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the competition or for any other reason in any type of media; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of Henkel (and anyone authorized by Henkel to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
All entries and any other competition-related information and entrants are subject to verification at any time and for any reason. Henkel reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Henkel): (i) for the purposes of verifying an entrant’s eligibility to participate; and/or (ii) for any other reason Henkel deems necessary, in its sole and absolute discretion, for the purposes of administering this competition in accordance with the letter and spirit of these terms.
4. Exclusion of specific persons
In the event that a participant violates the terms and conditions of participation, Henkel reserves the right to exclude this participant from the competition.
Participants who make use of illegitimate means or otherwise create an artificial advantage through manipulative practices will also be excluded. In such cases, Henkel may even revoke and require the return of any prize.
5. Premature conclusion of the competition
Henkel reserves the right to terminate or end the competition at any point with no prior warning. In particular, Henkel will make use of this right if, due to technical (e.g. virus in the computer system, manipulation or error in the hardware or software) or legal reasons, a proper execution of the competition cannot be guaranteed.
Insofar as such a termination is caused by the conduct of a participant, Henkel can demand compensation from that person for the damages arising.
6. Prize and prize winner
The potential prize winner(s) will be informed by Henkel via Instagram direct message. If a winner does not respond to the message within fourteen (14) days of being notified by Henkel, then the winner’s prize will be forfeited and Henkel shall be entitled to freely select the winner among the participants. IMPORTANT NOTE: Henkel may require, in its sole and absolute discretion, that an eligible winner sign and return Henkel’s form of declaration and release prior to being confirmed as a winner.
The prizes have to be redeemed between January 2023 and March 2023. If not redeemed within the time frame mentioned above, all vouchers (as applicable) expire. Only one prize can be redeemed per participant, for which there is no cash alternative. Prize claims cannot be transferred to others. Henkel retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available. Prize must be accepted as awarded. No substitutions are permitted, except at Henkel’s option. All characteristics and features of each prize, except as otherwise explicitly stated above, are at Henkel’s sole and absolute discretion. Each winner is solely responsible for all costs not expressly described herein. Each winner is solely responsible for reading and following all instructions, directions for use and warnings that are associated with each component of the applicable prize (including, without limitation, as provided on a product label).
Henkel does not accept responsibility for entries lost through technical fault. Proof of entry is not automatically proof of receipt.
With the award of the prize, Henkel is free of all further obligations. IF A WINNER IS A RESIDENT OF CANADA: By accepting a prize, the applicable winner: (i) confirms that he/she has read, understood and is in compliance with these terms; (ii) accepts the applicable prize as awarded; (iv) releases the Released Parties from any and all liability in connection with this competition, his/her participation therein and/or the awarding and use/misuse of the applicable prize or any portion thereof; and (v) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials or any portion(s) thereof.
Henkel is not liable for loss or damages which might occur in the course of using the prize. Henkel does not assume any liability for the insolvency of the third party providing the prize and the resulting consequences for the execution of the competition and the awarding of the prize. Any complaints should be directed to the third party providing the prize.
Henkel is only liable for material and legal defects in the event of malicious intent or negligence.
Henkel is not liable for damages caused by errors, delays or interruptions in the transfer, faults in the technical facilities and service, incorrect contents, loss or deletion of data, viruses or anything else that can arise in the participation of a competition.
The limitations of liability cease to be valid if the damages are caused by Henkel (its organs, employees or subcontractors) through malicious intent or negligence, or if they are caused by a contractual obligation.
There is no liability for the individuals excluded in accordance with Paragraph 4.
The decisions of Henkel with respect to all aspects of this competition are final and binding on all entrants. There is no right of appeal. Anyone deemed by Henkel to be in violation of the letter and/or spirit of these terms for any reason is subject to disqualification in the sole and absolute discretion of Henkel at any time. To the fullest extent permitted by applicable law, these terms and conditions of participation and the entire legal relationship between the participants and Henkel are exclusively subject to the law of the Federal Republic of Germany. If individual provisions in the terms and conditions of participation should be or become invalid, the validity of the remaining provisions will be unaffected. To the fullest extent permitted by applicable law, these terms and conditions of participation can be amended by Henkel at any time with no prior warning.
FOR RESIDENTS OF CANADA: In the event of any discrepancy or inconsistency between the terms and conditions of these English terms and disclosures or other statements contained in any competition-related materials (including without limitation, the French version of these terms), these English terms and conditions shall prevail, govern and control to the fullest extent permitted by law.
II. Data protection agreement for participation in the competition
In order to receive the prize, the winner(s) must supply the following personal data: name, email address, address and country. There is no right to registration.
Henkel will gather and use the data provided by the participant(s) as part of the necessary process for providing the prize and conducting the raffle.
Henkel will not forward the participant’s data to any third party unless for the distribution of prizes or for conducting the raffle
The processing and use of the participant’s your data is based on statutory provisions which justify those operations on the grounds that the processing is necessary for conducting the raffle.
The personal data will only be used for the online competition and the duration of the online competition and for the supply of the prize and will be deleted within six (6) months from the end of the online competition on.
At any time, the participant may assert the right to access its data. Additionally, provided that the respective requirements are met, the participant may assert the following rights:
- Right to rectification
- Right to erasure
- Right to restriction of processing
- Right to lodge a complaint with the respectively competent data protection supervisory authority
- Right to data portability
Right to object of Participant
In case of processing activities involving your personal data that are carried out on basis of a legitimate interest of Henkel, you have the right to object against such processing of your personal data at any time for reasons resulting from your specific situation. Henkel will stop that processing unless Henkel can prove important reasons for the processing which deserve protection which outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend against legal claims.
In these cases, or if the participant has any other questions or wishes in connection with regard to its personal data, please send an e-mail or a letter to Henkel’s data protection officer, Mr. Frank Liebich, Henkel AG & Co. KGaA, Henkelstrasse 67, D 40191 Düsseldorf, Germany (E-Mail: Datenschutz@henkel.com). Keyword: Competition #STMNTxDefer