1. KEY DATES:
The #STMNTCANgiveaway (the “Giveaway”) begins on March 1, 2022 at 12:00 p.m. Eastern Time (“ET”) and ends on March 31, 2022 at 11:59 p.m. ET (the “Giveaway Period”).
2. ELIGIBILITY TO ENTER:
The Giveaway is open only to residents of Canada who: (a) are a professional hairstylist at the time of entry; and (b) have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives and agents (and those with whom such persons are living, whether related or not) of Henkel Canada Corporation (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Giveaway (collectively, the “Giveaway Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Giveaway, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
4. INSTAGRAM NOT INVOLVED:
The Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram (the “Social Platform”). The Social Platform is hereby completely released of all liability by each entrant in this Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not to the Social Platform. You may only use one (1) Instagram account (each, an “Account” and collectively the “Accounts”) to participate in this Giveaway. To be eligible to earn an Entry (defined below) in this Giveaway, your applicable Account must be set to public and not private, and be set to receive direct messages from the Sponsor.
5. HOW TO ENTER:
NO PURCHASE NECESSARY. You can earn an entry (each, an “Entry” and collectively “Entries”) in the Giveaway during the Giveaway Period as follows:
Instagram: Log-in in to your Account, and: (a) be or become a “follower” of the STMNT Grooming Goods Account, @stmntgrooming (the “STMNT Account”) – note: you can un-follow at any time after the Giveaway ends without impacting your chances of winning; and (b) post an in-feed photo to your Account that (i) depicts, describes or otherwise reflects how you MAKE YOUR STATEMENT (the “Entry Post”), (ii) includes the hashtag #STMNTCANgiveaway in the Entry Post caption, and (iii) tags @staygold31, @nomadbarber, @juliuscaesar and the STMNT Account in the Entry Post caption. When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) Entry in the Giveaway.
To be eligible, all content and materials associated with your Entry, including without limitation your Entry Post (collectively, your “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Giveaway Period; (ii) satisfy all entry requirements described above; (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of the Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in Sponsor’s sole and absolute discretion).
Standard data rates apply to participants who choose to participate in the Giveaway via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
6. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person and Account per day during the Giveaway Period (and for certainty, a corresponding limit of one (1) Entry Post per person and Account per day during the Giveaway Period). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple comments, multiple names, multiple identities, multiple e-mail addresses, multiple Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Giveaway; and/or (iii) disrupt or participate in the Giveaway in any other fraudulent or misleading way, then he/she may be disqualified from the Giveaway in the sole and absolute discretion of the Sponsor. The Giveaway Parties, Instagram Inc., and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules during the Giveaway Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Participation Requirements listed below) and/or the Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion).
All Entries, Entry Materials and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification and/or proof of license as a professional hairstylist): (i) for the purposes of verifying an entrant’s eligibility to participate in this Giveaway; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Giveaway; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Giveaway in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Giveaway will be the official time-keeping device(s) used by the Sponsor.
8. PARTICIPATION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE GIVEAWAY 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 GIVEAWAY. BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. 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 GIVEAWAY-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 RULES AND/OR THE APPLICABLE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE GIVEAWAY AND/OR AWARDING OF ANY PRIZE.
By participating in the Giveaway, 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 Giveaway;
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 Sponsor); 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 Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion
The Sponsor 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 Rules 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 Rules, or for any other reason. If such an action is necessary at any point during or after the Giveaway, then the Sponsor 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 Giveaway is being conducted in accordance with the letter and spirit of these Rules.
- By entering the Giveaway and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, licence 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 Giveaway 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 the Sponsor (and anyone authorized by the Sponsor 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.
There are three (3) prizes (each, a “Prize” and collectively the “Prizes”) available to be won, each consisting of a prize package including the products set out below. The total approximate retail value (“ARV”) of each Prize is $786 CAD.
Description and Size:
- STMNT Shampoo 300ml: INT 300 ml
- STMNT All-in-One SHP 300ml: INT 300 ml
- STMNT Conditioner 275ml: INT 275 ml
- STMNT Beard Oil 50ml INT: 50 ml
- STMNT HairBody Soapbar 125g INT: 125 g
- STMNT Classic Pomade 100ml INT: 100 ml
- STMNT Fiber Pomade 100ml INT: 100 ml
- STMNT Wax Powder 15g INT: 15 g
- STMNT Powder Spray 4g INT: 4 g
- STMNT Matte Paste 100ml INT: 100 ml
- STMNT Shine Paste 100ml INT: 100 ml
- STMNT Dry Clay 100ml INT: 100 ml
- STMNT Hairspray 170ml CA: 170 ml
- STMNT Grooming Spray 200ml INT: 200 ml
- STMNT Cutting cape: NA
- STMNT Barber mat: NA
- STMNT Barber backpack: NA
The following general conditions apply to each Prize: (i) Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) the Sponsor reserves the right to substitute the Prize in whole or in part in the event that all or any component of such Prize is unavailable with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) all characteristics and features of the Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion; (v) Prize winner is solely responsible for all costs not expressly described herein; and (vi) as applicable, Prize winner is solely responsible for reading and following all instructions, directions for use and warnings that are associated with the Prize (including, without limitation, as provided on a product label).
11. ELIGIBLE WINNER SELECTION PROCESS:
On April 8, 2022 in Burlington, ON at approximately 12:00 p.m. ET (the “Draw Date”), the Sponsor will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Giveaway Period to select the Prize winners. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Giveaway Period.
12. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each potential winner via Instagram direct message within five (5) business days of the Draw Date. If the potential winners cannot be contacted within such time, or if there is a return of any notification as undeliverable, then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate potential Prize winner from among the remaining eligible Entries submitted and received in accordance with these Rules during the Giveaway Period (in which case the foregoing provisions of this section shall apply to such newly selected potential winner). The selected entrant is solely responsible for ensuring his/her Account settings are set to be able to receive notification messages, monitoring his/her Account for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion).
13. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release). In addition, each eligible winner will be required to sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Giveaway, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials, the Prize or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Giveaway and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet, worldwide and in perpetuity.
14. GENERAL CONDITIONS:
This Giveaway is subject to all applicable federal, provincial/territorial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Giveaway are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Rules then, in addition to having the right to terminate the Giveaway immediately, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, Sponsor reserves the right to conduct a random drawing from amongst all eligible Prize claimants whose claims have not yet been redeemed to award the correct number of Prizes at the applicable prizing level (as stated in these Rules). The Prizes may stop being awarded in the event Sponsor becomes aware of such an error. In no event will the Sponsor be liable to award more than the number of Prizes (at any prizing level), as provided in these Rules.
The Released Parties will not be liable for: (i) any failure of any website or platform during the Giveaway; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials, direct message and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Giveaway; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, subject only to the approval of the Régie in Québec, to cancel, withdraw, amend or suspend the Giveaway (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Giveaway as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Giveaway in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, subject only to the approval of the Régie in Québec, to cancel, amend or suspend the Giveaway, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, subject only to the approval of the Régie in Québec, to adjust any of the dates, timeframes and/or other Giveaway mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Giveaway as contemplated in these Rules, or for any other reason.
FOR RESIDENTS OF QUÉBEC ONLY: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Giveaway-related materials, including, but not limited to, the French version of these Rules, the STMNT Account, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Rules 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Giveaway will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Giveaway.