THE AMERICAN CREW ALL STAR CHALLENGE
CONTEST RULES (“Rules”)
Beautyge Brands USA, Inc., a Delaware corporation, with registered address at 9560 Towne Centre Drive, Suite 200, San Diego, CA 92121 (hereinafter “Beautyge”) intends to organize a contest for professional hairdressers for purposes of promoting the "AMERICAN CREW" brand and products (hereinafter, "the Products" or "the Product"), called the AMERICAN CREW ALL STAR CHALLENGE (hereinafter, the “Contest").
The Contest will be implemented via the website http://allstarchallenge.americancrew.com/
(hereinafter, the “Website”)
ONE: THE CONTEST
1. The Contest consists of a contest in which the participants will have to create an original hairstyle, upload two (2) Photographs (as defined below) of their hairstyle to the Website, complete a registration form following the instructions given therein, and click to accept the Legal Notice and the assignment of rights in favor of Beautyge. See Section Five below for further participation details. In the first stage, a jury in each country participating in the Contest, comprised of experts designated by Beautyge, will select one (1) "Country Winner" from among all the participants in their respective countries. In the second stage, an international jury, made up of experts designated by Beautyge, will choose fifteen (15) “Finalists” to proceed to the third stage where a second international jury, made up of experts designated by Beautyge, will select one (1) “Grand Prize Winner” of the Contest from among all of the Finalists.
2. The Contest will commence on February 4th, 2019__ ends at 11:59 p.m. on ____March 1st , 2019________________ (hereinafter, the "Contest Period"), the Finalists will be announced in _April 1st 2019___ and the Grand Prize Winner will be announced in _____May _19th, 2019_____________.
TWO: CUSTOMERS' PARTICIPATION IN THE CONTEST
1. Each participant in this Contest must be an accredited professional hairdresser (in accordance with the local laws and regulations in his or her jurisdiction of residence and/or where he/she performs professional hairdresser activities) in a hairdressing salon, who is at least eighteen (18) years of age or the age of majority in his or her jurisdiction of residence (whichever is greater), and who has his or her registered address in any of the following countries participating in the Contest: Albania, Argentina, Australia, Belgium, Bolivia, Bulgaria, Canada (excluding Quebec), Chile, Croatia, Czech Republic, Denmark, Estonia, France, Georgia, Germany, Hong Kong, Hungary, Ireland, Italy, Japan, Korea, Lithuania, Malta, Mexico, Netherlands, New Zealand, Norway, Paraguay, Peru, Philippines, Poland, Portugal, Russia, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, UAE, Ukraine, United Kingdom, United States, Uruguay. Void where prohibited, taxed or otherwise restricted.
2. It will be mandatory to fulfill each and every one of the conditions established in these Rules and to follow the instructions on the Website. In particular, it will be a mandatory prerequisite for each participant to expressly accept the Legal Notice and the grant of rights in favor of Beautyge pursuant to the terms indicated in these Rules by clicking on the space provided for in the Contest participation form at the Website. Additionally, participants must sign and return a written document as requested by Beautyge to perfect such grant, if necessary. Furthermore, all the data provided by participants must be accurate. Proof of identity of participants and Winners will be given exclusively via official documents. Beautyge reserves the right to exclude from the Contest any participant that it suspects or discovers has taken part in a fraudulent manner, and may request any type of document, which can be reasonably requested from participant, to confirm or disprove any suspicions it may have. Failure to provide the documentation requested will result in the participant's immediate elimination from the Contest.
3. If any of the participants fails to fulfill the requirements established in these Rules, or the data provided to participate are not valid, or said participant does not comply with that requested by these Rules (as an example, but not limited thereto, participants may be requested to accredit their status as a professional hairdresser or that they hold the rights to the Photographs), the participation of the participant in question will be deemed as null and void and he or she will be automatically excluded from the Contest, forfeiting all rights to the prize.
THREE: GRANT OF EXCLUSIVE RIGHTS
1. As a participant in the Contest, I guarantee that I am the owner or have obtained written assignment from the owner, in my favor and without limitation, of, and hereby agree to grant to Beautyge in writing, an exclusive and irrevocable license to exploit all intellectual property rights (including without limitation, reproduction, distribution, publication, communication to the public and transformation) in the Photographs (and hairstyle(s) contained therein) that I have submitted to the Contest for use within the framework of the Contest, as well as future editions of the said Contest, in any medium (but for Spanish participants, in any medium known at the time when such rights were granted), such as (as an example, but not limited thereto) television, direct marketing, packaging, the Internet, websites, magazines, advertising features, etc. with the following scope: (a) Territorial scope of the grant: Worldwide; (b) Operational scope: Possibility of showing the finalists' Photographs in: (i) the Website and other websites of Beautyge’s parent or subsidiaries; (ii) Online international communication of the Contest: websites, forums, blogs and social networks; (iii) International professional publications and/or non-professional ones; (iv) International publicity in any media; (v) Display material in salons; and (c) Temporal scope: five (5) calendar years as from ___February 4th , 2019______________ I consent, and warrant that I have obtained consent from any other authors of the Photographs, to Beautyge, its parent or subsidiaries doing (or omitting to do) any acts in respect of the Photographs which may otherwise constitute an infringement of my or other authors' respective moral rights.
2. I also guarantee that, where applicable, I have obtained in my favor and in writing the transfer of, and hereby agree to grant to Beautyge exclusively and in writing an exclusive and irrevocable license to exploit all intellectual property rights (including without limitation, reproduction, distribution, publication, communication to the public and transformation) in the Photographs that I have submitted to the Contest for use within the framework of the Contest, as well as in future editions of the said Contest from the model depicted in the Photographs, the photographer who took the Photographs (if the Photographs have been taken by a third party), as well as the location where the Photographs submitted in the Contest were taken (to the extent any branding, signage or other identifiable features of such location are depicted in the Photograph), and I have obtained in my favor and in writing agreement from those parties holding Beautyge harmless from any liability for any possible claim that may be made by the model and/or photographers and/or derived from the locations where the Photographs were taken, at the least in accordance with the legislation of my country of residence and with the following scope: (a) Territorial scope of the assignment: Worldwide; (b) Operational scope: Possibility of showing the finalists' Photographs in: (i) the Website and other websites of Beautyge’s parent or subsidiaries; (ii) Online international communication of the Contest: websites, forums, blogs and social network; (iii) International professional publications and/or non-professional ones; (iv) International publicity in any media; (v) Display material in salons; (vi) packaging; and (c) Temporal scope: five (5) calendar years as from __February 4th, 2019._______________.
3. In any case, the Country Winners, Finalists and Grand Prize Winner (hereafter collectively referred to as “Winners”) must provide Beautyge with a copy of the assignments described in Clause 3.1 and 3.2 of these Rules, before they receive the Prize that, as appropriate, may correspond to them.
4. In any case, all participants irrevocably grant to Beautyge a non-exclusive, perpetual, irrevocable, worldwide license to use and exploit all intellectual property rights (including without limitation, copyright) in and to the entry (including the Photograph and any textual or literary component of the entry) and consent to Beautyge doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the participant's moral rights.
FOUR: PARTICIPATION EXCLUSIONS
1. None of the following people, their spouses, ascendants or descendants may participate as contestants in this Contest:
a) Employees, officers or directors (and their respective family members up to a first degree of kinship and household members (whether related or not)) of any of the companies or other incorporated entities that make up the group to which Beautyge belongs or of any of Beautyge’s advertising agencies or other suppliers providing services in connection with this Contest.
b) Any other individual that takes or may have taken part, directly or indirectly, in this Contest or been involved, directly or indirectly, in its preparation and realization (personnel in telecommunication companies, advertising agencies, distribution channels and any other suppliers).
FIVE: CONTEST MECHANICS
1. Those interested in taking part in the Contest may do so via the Website
http://allstarchallenge.americancrew.com/ . The participants will have to create an original hairstyle and submit two (2) black and white photographs showing the front and side view of their creation, in jpg/jpeg, png or gif format with a resolution of 72 dpi and maximum file size of 10 MB, and with the same model and cut (collectively, “Photographs”). The Photographs must be uploaded to the Website during the Contest Period following the instructions given therein. Participants will also have to complete the registration process by entering their name, surnames, telephone number, e-mail address, salon name, salon address and salon telephone number. Participants will also have to describe how the hairstyle was created in the space allotted in the entry form. Participants may submit multiple entries during the Contest Period. Participants may not withdraw their entries once submitted.
2. Once the Photographs have been uploaded, each entry will become part of the americancrew.com domain. Access to the Photographs on the Website will be restricted and not all website users will have access to them during the Contest. The Photographs will form part of an "intranet" to which only the jury and Beautyge, or whoever the latter designates, will have access during the Contest.
By entering, each participant warrants and represents the following with respect to his or her Photographs: (a) participant is the sole and exclusive owner of the Photographs or has obtained the exclusive rights of the Photographs required in Section Three above; (b) the Photographs (and the hairstyle(s) therein) are participant’s own creation and are one hundred percent (100%) original; (c) use or reproduction of the Photographs will not infringe on any rights of any third parties; (d) any third parties whose persons or property are incorporated into the Photographs have given participant appropriate consent to be used or included as permitted herein, as set forth in Section Three above; and (e) to the extent possible under applicable law, no party can invoke any moral rights in relation to the Photographs that have not been duly waived.
By entering, each participant further agrees that his or her Photographs conform to the Content Restrictions set forth below (collectively, the “Restrictions”) and that Beautyge, in its sole discretion, may reject any participant’s Photographs and disqualify him or her from the Contest if Beautyge believes, in its sole discretion that such Photographs fail to conform to the Restrictions.
The Photographs (and the hairstyles therein) cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means;
The Photographs must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Photographs must not contain brand names or trademarks, except for the Product trademarks for which participant has a limited license to use for the sole purposes of creating and uploading Photographs into this Contest;
The Photographs must not contain images or artwork not created by participant;
The Photographs must not contain material that is inappropriate, indecent, profane, obscene, violent, hateful, tortious, defamatory, slanderous or libelous;
The Photographs must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Photographs must not contain material that is unlawful, in violation of or contrary to the laws or regulations in the country, state or locality where the Photographs are created.
3. In the first stage, a jury comprised of five (5) experts located in each country for which participants are eligible to participate in the Contest will select, at its sole discretion, ONE (1) "Country Winner" for each country and one (1) Reserve Country Winner from among all eligible entries submitted and received in that country in accordance with these Rules. The Country Winners will be announced _before March 18th ______________.
4. Afterwards, a global jury comprised of five (5) experts will select, at its sole discretion, FIFTEEN (15) “Finalists” from the pool of Country Winners to take part in the second stage of the Contest. A further TWO (2) "International Reserve Finalists" shall also be selected. The International Reserve Finalists will only be contacted in the event that one or more of the Finalists are unable to attend and participate in the second stage of the Contest, as established under Section Six, Prizes, or fail to comply with any of the Contest conditions established herein, as a result of which said Finalist will be excluded from the Contest, forfeiting any right to a Prize. The Finalists will be announced in _April 1st. 2019___________________________.
5. The Finalists will be invited to travel to New York in May 15th, 2019_________________, to represent their country in the second stage. For the avoidance of doubt, it is a condition of being selected as a Finalist that the respective participant is able to attend the second stage of the Contest. If the participant is not able to attend the second stage of the Contest, such participant forfeits his or her position as a Finalist and any claim to the Finalist's prize. Travel expenses of each Finalist shall be paid by the distributor of Products in their respective country in accordance with Section Six (1). While in New York, each Finalist will create one (1) look, with the help of a professional stylist, assistant and model. Each Finalist’s look will then be photographed by a professional photographer (the “Photoshoot”). The Photoshoot, including: models, assistants, wardrobe, photographer, etc. will be paid for by Beautyge; all other expenses (i.e., hotel, flights, food) are the responsibility of the distributor of Products in each individual country. Each Finalist will then pick their best image from the Photoshoot for submission (the “Final Submission”) to a pre-selected jury of five (5) experts who will then pick the overall Winner of the Contest.
6. Each jury at each stage of the Contest will take into account and score, with equal weight, the technical skills, artistic skills, originality, relevance in current trends, wardrobe art direction, photography art direction, and photography and artistic skills of the final submission photo as they all relate to the "looks" submitted by the participants via the Photographs and/or the Final Submissions. The fifteen (15) participants or one (1) Finalist, as applicable, with the highest scoring Photographs or Final Submission, respectively, will be the Finalists or Grand Prize Winner, respectively, subject to verification. In the event of a tie at any stage, the tie will be broken by the consensus of the jury.
7. The jury will announce the Grand Prize Winner of the Contest on May 19th, 2019 at a gala dinner sponsored by American Crew Global team in NYC.
1. Each Finalist will receive an invitation to fly to New York to participate in the second stage of the Contest. Itinerary of the trip to be determined by Beautyge in its sole discretion. Finalist is responsible for collecting prize, obtaining appropriate visa, passport and/or other travel documentation required to participate in the prize trip. Should a Finalist not be eligible or available to participate in the second stage of the Contest in New York, another Finalist may be chosen. All costs and expenses of the trip to New York will be borne by the distributor of Products in each Finalist’s respective country; provided, however that spending money, meals, taxes, insurance, visas, passports, transport to and from departure point, transfers, hotel accommodations, items of a personal nature (including but not limited to additional room charges such as pay per view movies, laundry, room service, telephone calls), any upgrades and all other ancillary costs are not included and are the responsibility of each Finalist. Approximate retail value (“ARV”) of Finalist trip is dependent upon Finalist’s location and may range from US$1,000 to US $3,000.
2. The Grand Prize Winner of the Contest will receive the following Prize: a cash prize of $10,000, a feature in Estetica magazine, a trophy and a framed retouched image of their winning look and recognition throughout 2019..
3. Total ARV of all prizes combined is dependent on Finalist’s location and may range from US$29,000to US61,000. Prizes are non-transferable. To be eligible for the Grand Prize, Finalists must attend the second stage in New York. Under no circumstances may they be represented in the second stage by another person.
4. Under no circumstances may the Prizes be exchanged for their cash value. Beautyge reserves the right to change the nature of the Prizes in the event that it is not possible, due to reasons beyond its control, to award the Prize specified in these Rules. In this case, Beautyge undertakes to ensure that the prizes are of similar characteristics as those announced and/or that their financial value is the same or greater than that of the announced prizes.
SEVEN: WINNER'S ACCEPTANCE
1. Finalists will be notified via email on or about March 17th, 2019___________________. Grand Prize Winner will be announced _May 19th, 2019.________________. Country Winners, Finalists and Grand Prize Winner may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of prize notification. If a Country Winner, Finalist or Grand Prize Winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if Finalist or Grand Prize Winner rejects his/her prize or in the event of noncompliance with these Rules and all requirements herein, such prize will be forfeited and an alternate winner will be selected from all remaining eligible Country Winners or Finalists, as applicable, in accordance with the judging criteria. Upon prize forfeiture, no compensation will be given. With acceptance of the Prize, all the Winners and their companions expressly authorize Beautyge to reproduce, publish, print or otherwise use their name, likeness, photograph, image, voice, statements, Photographs, Final Submissions, biographical information and any indicia thereof for advertising purposes related to the Contest and its future editions by any means (including without limitation by any audiovisual, printing, computer or telecommunication means) and in any media now known or hereafter developed (but for Spanish participants, in any medium known at the time when such rights were granted), worldwide, in perpetuity (but for Spanish participants for five (5) years from February 4th, 2019), without further notification and without this giving any of the Winners any right to receive any kind of compensation.
EIGHT: TAXES AND EXPENSES
Winners are responsible for all taxes, social contributions, where applicable, tariffs, stamps, duties, costs, expenses, fees, gratuities, travel insurance, service charges and any other restrictions or limitations that may apply to any Prize awarded herein. Beautyge shall provide the Winners with additional information and/or documentation regarding applicable taxes at the conclusion of the Contest.
For Spanish participants: In accordance with the Spanish rules of the Income Tax of Individuals, prizes awarded for participation in games, contests, raffles or random combinations related to the sale or promotion of goods or services are subject to withholding tax if the prize value exceeds €300. In any case, Beautyge will be responsible for this legal withholding, and the winner will be responsible for the corresponding payment in his or her income tax. Each Finalist and Grand Prize Winner must sign a notification provided by Beautyge of the amount of the net value of the prize and the corresponding withholding tax for the purposes of income tax or any other obligation that the Tax Administration imposes. Refusal to sign the document or complete such obligations will result in such Finalist or Grand Prize Winner forfeiting the prize, leaving it unclaimed.
1. Nothing in these terms and conditions excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty, the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, by participating, each participant, Country Winner, Finalist and Grand Prize Winner agrees to release, indemnify and hold harmless Beautyge and its affiliates, partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, misappropriation, false association or endorsement, invasion of privacy, copyright or trademark infringement or any other intellectual property-related cause of action, breach of contract and/or merchandise delivery. The Released Entities are not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of the Released Entities’s reasonable control.
2. Participation in the Contest entails full acceptance of these Rules and published on the Website and will be available to any who wish to consult them.
3. Participation via the Internet: Subject to the Non-Excludable Guarantees, the Released Entities decline all responsibility for any damages or harm of any kind whatsoever that may occur due to temporary lack of operational availability or continuity of the telecommunications system. The Website will be used exclusively for legitimate purposes. The information provided on the Website will not contain any material and/or declarations that violate or infringe in any way the right of participant third parties. All illegal content, threats, slander or libel or content that violates privacy and, in general any vulgar, obscene or indecent content or any that involves criminal or civil liability or contravenes any legal provision is absolutely prohibited. To the extent permitted by law, the Released Entities decline any responsibility for the accuracy or reliability of any opinion, advice, declaration or content included on the Website by participants and which does not fulfill the aforementioned conditions. Any information that does not comply with these provisions will be deleted without prior notice.
4. Modifications and/or appendixes: Beautyge reserves the right to carry out any modifications or add successive appendixes regarding the mechanics and prizes, provided that these are justified, they are not detrimental for the participants and they are duly notified.
5. Subject to the Non-Excludable Guarantees, the Released Entities will not be responsible for any incidents, such as but not limited to delays, losses, etc., that could occur during transfers, movements, events and stays, when the Prize consists of a trip, visit or attendance at any type of event, activity, gastronomic tasting or show. Neither will it be held liable in the event of any circumstances of force majeure (such as strikes, etc.) that may fully or partially prevent the Winners from enjoying their Prize. The Released Entities will be released from any and all responsibility in the event of any of the aforementioned circumstances. Should it not be possible to complete this Contest, whether due to fraud detected therein, technical errors or for any other reason beyond the Released Entities’s control and which affects the normal course of the Contest, Beautyge reserves the right to cancel, modify or suspend the Contest, including the participation Website, as well as the power to interpret these Rules.
6. If for any reason Beautyge determines that the Contest is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, legality, integrity, or proper conduct of the Contest, including in the receipt of Photographs, Beautyge reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and its decision shall be final. No liability for any claimed loss or damage will be accepted and Beautyge expressly excludes any liability for the same in such an event.
7. The validity, enforcement, interpretation, and performance of these Rules and the Contest itself shall be governed by the laws of the State of New York, United States of America, excluding all conflict of law rules. The courts of the State of New York shall have exclusive jurisdiction to the extent permitted by the laws of a participant's country of residence. If any provisions of the Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, participants expressly waive any and all rights to litigate or seek any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with these Rules and the Contest.
TEN: DATA PROTECTION
1. Beautyge collects and processes personal data in order to conduct the Contest. Personal data collected includes each Participant’s name, place of business, location, and contact information. Additional information such as passport numbers may be requested from Finalists. Beautyge is a subsidiary of Revlon Consumer Products Corporation. Participants expressly authorize Revlon Consumer Products Corporation and its subsidiaries, parents, and affiliates (collectively, “Revlon”) to collect and process their personal data for the purpose of managing and publicizing the Contest, as well as to communicate with Participants regarding the Contest.
2. Revlon is a global company and the Contest is operated on a global basis. As a result, your personal data may be transferred to another country in accordance with applicable law. Any transfers of data outside of the European Union will be governed by approved data transfer mechanisms, such as Standard Contract Clauses, which may be requested by contacting us at email@example.com.
ELEVEN: LIST OF WINNERS
To obtain a list of the Winners, send a self-addressed, stamped envelope by June 20, 2015 to: Beautyg Brands USA, Inc., International Marketing Department, A/AT Responsible American Crew All Stars Challenge Contest, 9650 Towne Centre Drive, Suite 200, San Diego, CA 92121. Canadian residents may omit return postage.
THIRTEEN: FOR RESIDENTS OF FRANCE ONLY
Each French Finalist and Grand Prize Winner will receive a document called “eligibility/publicity release” designed to obtain his/her free consent to use his/her full name, likeness, city of residence and Photographs for promotional purposes and without additional compensation. In any case, a lack of consent does not prevent a Finalist or Grand Prize Winner from receiving the prize.