Color Wear Contest Rules
ALFAPARF MILANO GLOBAL ACADEMY SESSION CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THESE RULES ARE GOVERNED BY FLORIDA LAW.
ONLY OPEN TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES (EXCLUDING TERRITORIES) AND THE DISTRICT OF COLOMBIA WHO ARE DULY LICENSED HAIR STYLISTS, EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY, AND HOLDER OF A VALID PASSPORT WITHOUT INTERNATIONAL TRAVEL RESTRICTIONS.
BY ENTERING THIS CONTEST YOU ACCEPT THAT YOU HAVE READ THESE OFFICIAL RULES AND AGREE TO BE BOUND BY THEM.
Contest Description
The Milano Global Academy Session Contest (the “Contest”) is a contest of hairstyling skill and creativity using any Alfaparf Milano Colorwear Gloss Toner formula. The Contest is sponsored by Alfaparf Milano, 8750 NW 36th St, Suite 530, Doral, Fl 33178 (the “Sponsor”). To enter the Contest, you must register and meet the eligibility requirements as described further below, and you must:
- Tag the official Instagram account of Alfaparf Milano @alfaparfmilanopro_usa; and
- Upload a picture showcasing the Entrant’s favorite Alfaparf Milano hair Colorwear Gloss Toner formula, in the hairstyle pictured (may be a person or mannequin), to the Entrant’s public Instagram account; and
- Include the Contest hashtag #kickthatbrass and #alfaparfmilano in the caption of the picture; and
- Identify in the post which Alfaparf Milano Colorwear Gloss Toner formula was used in the hairstyle depicted in the picture.
Each entry by a duly registered and eligible participant in the Contest (“Entrant”) in accordance with the rules set forth herein will be considered a “Contest Entry.” Each Entrant may submit only one Contest Entry. Multiple Contest Entries by the same Entrant will result in the disqualification of the Entrant and all corresponding Contest Entries.
The Contest Entry depicting the most original, creative formula and visual representation, as determined by a majority vote of 4 [number] judges appointed by the Sponsor from among Alfaparf Milano’s senior education team (the “Judging Panel”), will be the winner of the Contest. The Judging Panel will apply the following criteria to determine the winner: originality (__33_%); creativity (_33__%); visual representation_(_34_%). Subject to verification of eligibility and compliance with these Official Rules, the Contest Entry with the highest overall score will be judged the potential Contest winner. In the event of a tie, the tied Contest Entry with the highest score will be judged the applicable potential winner. In the event this does not resolve the tie, the Contest Entry with the highest number of Instagram likes will be judged the applicable potential winner. All decisions of the Judging Panel are determined in their sole discretion and are final and binding. The odds of winning depend on the total number of eligible Contest Entries received during the Contest Period and the scores of the Judging Panel applying the criteria described above. A purchase or payment of any kind will not increase an Entrant’s chances of winning.
There will be only one (1) winner. The winner will receive a _2_- day color and cut education session at the Alfaparf Milano Global Academy, located in Milan, Italy, Rome, Italy, or Barcelona, Spain, and hotel accommodations for 4 nights (during the Academy session) at a hotel in Italy or Spain (the “Prize”). Airfare is not included. The Prize may not be redeemed for cash or any other prize. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
Eligibility Requirements
The Contest is only open to legal residents of the forty-eight (48) contiguous United States (excluding territories) and the District of Columbia who are (a) eighteen (18) years of age or older at the time of entry, (b) a duly licensed hair stylist in their state of residence, and (c) holder of a valid passport and otherwise not prohibited from traveling to Europe. The following are ineligible to enter or win: owners, directors, officers and employees of Sponsor, its parent companies, subsidiaries, licensees, affiliates, retailers, distributors, sales representatives, prize providers, advertising and promotion agencies, web design agencies and other entities associated with the Contest (individually, a “Contest Promoter”) as well as the immediate family (parent, spouse, child, sibling and their respective spouses regardless of where they live) and household members of each Contest Promoter, whether or not related. The Contest is subject to all applicable federal, state, provincial, municipal and local laws and regulations. Void in Alaska and Hawaii and where prohibited or restricted by law.
Submission
By submitting a photograph that adheres to the specified posting guidelines, entrants will be considered for review and inclusion in the contest.
- Tag the official Instagram account of Alfaparf Milano @alfaparfmilanopro_usa; and
- Upload a picture showcasing the Entrant’s favorite Alfaparf Milano hair Colorwear Gloss Toner formula, in the hairstyle pictured (may be a person or mannequin), to the Entrant’s public Instagram account; and
- Include the Contest hashtag #kickthatbrass and #alfaparfmilano in the caption of the picture; and
- Identify in the post which Alfaparf Milano Colorwear Gloss Toner formula was used in the hairstyle depicted in the picture.
Please note that submissions via Instagram are the only accepted method for entry, as stated in the legal terms. As part of the registration process, Entrants must provide information as may be required to confirm eligibility and agree to be bound by these Official Rules.
Agreement to Official Rules
By submitting a Contest Entry, each Entrant fully and unconditionally accepts these Official Rules and agrees to be bound by them and the decisions of the Sponsor which shall be final and binding in all matters relating to the Contest. Entrant acknowledges and accepts that winning a prize is subject to verification of eligibility and compliance with these Official Rules.
Sponsor
The Contest is sponsored by Alfaparf Milano, 8750 NW 36th St, Suite 530, Doral, FL 33178.
Contest Period
The Contest begins on January 1, 2024 at 9:00 A.M. (EST) and ends on March 31, 2024 at 11:59 P.M. (EST) (the “Contest Period”). Contest Entries must be submitted within, and remain publicly visible on Instagram, during the Entry Period to be eligible for consideration. Any Contest Entries submitted before or after the Contest Period will be disqualified.
Judging Period:
Judging of the one Contest Entry will take place by a Judging Panel applying Judging Criteria between approximately January 1st, 2024 and March 31st, 2024 (the “Judging Period”). The potential Winner will be notified via direct message on Instagram within the period of April 15 – 30, 2024.
Photograph Guidelines:
The Contest Entry must, as determined by Sponsor in its sole discretion:
- Be an original creative photograph depicting the Entrant’s favorite Alfaparf Milano Colorwear Gloss Toner formula, in the hairstyle pictured (may be a person or mannequin)
- Be in one of the following electronic formats: jpg, gif or png;
- Have a maximum file size of 3MB;
- Not have been digitally altered in any manner.
The Contest Entry must not, as determined by Sponsor in its sole discretion:
- Have been previously submitted in another contest or promotion, been published, or submitted in this Contest by another Entrant;
- Violate the privacy, publicity or intellectual property rights of any third party;
- Contain illegal or unauthorized content, or content contrary to any applicable federal, state, municipal or local laws or regulations;
- Disparage the Contest, the Sponsor, Alfaparf Milano Colorwear Gloss Toner products or any other person, entity, product or service;
- Contain defamatory, disparaging, inappropriate, offensive, libelous, slanderous or tortious images or messages;
- Contain political or religious messages;
- Contain material that promotes bigotry, harm, hatred or racism against any group or individual, or promotes discrimination based on age, disability, gender, nationality, race, religion or sexual orientation;
- Contain material that promotes alcohol, drugs, firearms, pornography, nudity, tobacco or weapons;Promote dangerous, hateful, indecent, obscene, sexual or violent behavior;
- Include any corrupt files, Trojan horses, viruses, worms or other corruptive content that may compromise the proper administration of the Contest;
- Violate these Official Rules.
By participating in the Contest, Entrants acknowledge and agree that Sponsor may, but will not be obligated, to publish their Contest Entry on the Website and any other website or social platform affiliated with the Contest. The publication of a Contest Entry on the Website is not confirmation that a Contest Entry had been deemed an Eligible Contest Entry. Contest Entries will be screened for conformity with the requirements of these Official Rules and Sponsor reserves the right at any time, and without notice to Entrant, to remove from the Website and/or disqualify any Contest Entry it determines, in its sole discretion, has been submitted with incomplete, invalid or inaccurate registration information, is not an eligible Contest Entry, or does not otherwise comply with these Official Rules. Sponsor may not acknowledge receipt of a Contest Entry, does not guarantee receipt of a Contest Entry, and disclaims any and all liability whatsoever from claims relating to failed Contest Entries. All Contest Entries become the property of Sponsor and shall not be returned.
Representations and WarrantiesBy entering the Contest, Entrant represents and warrants that (a) the Contest Entry is their own original work; (b) the Contest Entry complies with these Official Rules; (c) all persons appearing in the Contest Entry have provided consent to have their photograph, likeness or image included in the Contest Entry; (d) the Contest Entry will not infringe upon the rights of any third party, including but not limited to copyrights, confidential information, trademarks, trade secrets, moral rights or rights of publicity or privacy; and (e) they have exclusive proprietary rights to the Contest Entry, or any necessary “Third Party Consent and License” (as defined hereinafter), to grant to Sponsor and its “Affiliates” (as defined hereinafter) the rights to the Contest Entry in accordance with these Official Rules. Entrant agrees to indemnify and hold harmless the “Released Parties” (as defined hereinafter) from and against any and all claims, causes of action and damages, occasioned by Entrant’s violation of the representations and warranties in these Official Rules.
Entrant’s LicenseBy entering the Contest, Entrant irrevocably and unconditionally grants to Sponsor and its parent company, subsidiaries, affiliates, successors, assignees and licensees (collectively “Affiliates”) the non-exclusive, assignable, perpetual, worldwide, royalty-free right and license, but not obligation, to use, display, reproduce, adapt, edit, modify, promote, create derivative works from, and publish the Contest Entry in an unlimited manner, in any media now known or hereinafter developed, including but not limited to promotional or advertising materials, whether related or unrelated to the Contest, and waives any and all so-called moral rights they may have in their Contest Entry.
Third Party Consent and LicenseBy entering the Contest, Entrant represents, warrants, and covenants that all third parties who appear in and/or who contributed to the Contest Entry irrevocably and unconditionally grant to Sponsor and its Affiliates the non-exclusive, assignable, perpetual, worldwide, royalty-free right and license, but not obligation, to use, display, reproduce, adapt, edit, modify, promote, create derivative works from, and publish the Contest Entry in an unlimited manner, in any media now known or hereinafter developed, including but not limited to promotional or advertising materials, whether related or unrelated to the Contest, and waive any moral rights of authorship, as required for inclusion of the Contest Entry in the Contest in accordance with these Official Rules (“Third Party Consent and License”). Entrant may be required to provide to Sponsor a separate written Third Party Consent and License, in a form acceptable to Sponsor. Failure to comply with these requirements will result in disqualification of the corresponding Contest Entry.
Prize AwardThe Alfaparf Milano Global Academy training session (the “Academy Session”) will occur on a date, time, and at a location in Milan, Italy, to be determined by Sponsor in its sole discretion. Academy Session is subject to his scheduling, availability, and other considerations. It is expected, but not guaranteed, that the Academy Session will commence no later than November 30th, 2024. The winner is responsible for obtaining travel arrangements and valid travel documents, airfare, passports and visas necessary to participate in the Academy Session, The Sponsor shall not be responsible for any travel cancellations, delays, disruptions, substitutions or for any act or omissions by the transportation or accommodation providers, including but not limited to, loss or damage to baggage or belongings, and shall not be liable for refunds or compensation. The approximate retail value (the “ARV”) of the Academy Session is $4,000.00. The actual value of the Academy Session may vary based on hotel availability. Any difference between the stated ARV and the actual value of the prize will not be awarded in any form.
In the event the winner cannot attend the Academy, does not have valid travel documents or travel authorization, or cannot attend the Academy Session on the scheduled dates, the prize will be forfeited, Sponsor will be released from any further obligation to the winner, and Sponsor will have the right to select an alternative winner from among all remaining eligible Contest Entries, in its sole discretion. If the winner engages in any inappropriate, disruptive, or threatening behavior during the Academy session, or acts in violation of federal, state or local laws, Sponsor will have the right to cancel the Academy Session, and the winner will forfeit the outstanding elements of the prize. Sponsor will be released from any further obligation to the winner.
The winner acknowledges and agrees that Sponsor may postpone the Academy Session for any reason and at any time, without any liability to the winner. Sponsor reserves the right to cancel the Academy Session in its entirety, and substitute a prize in the sum of $4,000.00 to be awarded in the form of a check in full satisfaction of the Prize, upon which Sponsor shall be released from any further obligation to the winner.
Except as specifically provided for in these Official Rules, each winner is solely responsible for all costs, expenses and fees associated with acceptance of the Prize, including but not limited to federal, state and local taxes, passport and visa fees, airline fees or surcharges, additional checked or excess baggage fees, travel insurance (and all other forms of insurance), mini-bar costs, pay-per-view television costs, beverages, snacks, transport expenses, sightseeing costs, personal expenses, gratuities, telephone expenses, incidental expenses, and damage to hotel accommodation.
Winner Notification and ResponsibilitiesThe Contest winner will be notified as stated above in these Official Rules. Sponsor is not responsible for incomplete, illegible, incomprehensible, or out-of-service contact information. Each potential winner will be required to respond to notification within three (3) calendar days of notification. Each potential winner will be required to sign and return an Affidavit of Eligibility, Release of Liability and, unless prohibited by law, Publicity Release, within ten (10) calendar days of issuance, in order to receive the Prize. The winner will also have to supply his/her social security number for tax reporting purposes, and written proof of any applicable Third Party Consent and License. The winner will forfeit the Prize and Sponsor may award it to an alternative winner from among all remaining eligible Contest Entries, in its sole discretion and, time permitting, in the following circumstances: (a) the winner cannot be notified; (b) the winner does not respond within the stipulated time of notification; (c) the winner does not return the required documentation in the allotted time; (d) a determination is made that the winner was not an eligible Entrant; (e) in the event of non-compliance with these Official Rules; or (f) if the winner is disqualified for any reason whatsoever.
The winner will not be declared the winner until Sponsor is able to verify: (a) that the Entrant meets all eligibility requirements; (b) the Contest Entry complies with this Official Rules; (c) the winner has returned to Sponsor all required documentation within the stipulated time period, to Sponsor’s satisfaction; and (d) there has otherwise been full compliance with these Official Rules, as determined by Sponsor in its sole discretion.
Right to Modify, Suspend, Postpone or Terminate the ContestSponsor reserves the right to amend the terms of this Contest and these Official Rules at any time, in its sole discretion, and will announce any material changes online at the Website. In the event that the operation or security of the Contest is compromised for any reason, including but not limited to fraud, bug, virus, worm, or the like, or the Contest is incapable of proceeding as planned for any reason, including but not limited to interference with the administration, integrity, operation, security, or proper conduct of the Contest, as determined by Sponsor in its sole discretion, Sponsor may modify, suspend, postpone, or terminate the Contest.
Right to Enforce ViolationsSponsor reserves the right to disqualify any Entrant it determines, in its sole discretion, has acted in violation of these Official Rules, tampered with the entry process or legitimate administration of the Contest, or acted in an unsportsmanlike or disruptive manner. Any attempt to damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys’ fees) and any other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Release and Limitations of LiabilityBy entering the Contest, Entrant agrees to release and hold harmless the Sponsor, its Affiliates, and all Contest Promoters, and each of their respective officers, directors, shareholders, employees, representatives, and agents (collectively, the “Released Parties”) from and against any dispute, claim, damage, injury, loss or cause of action relating directly or indirectly, wholly or in part, to the Contest or any participation therein, including but not limited to: (a) the creation of any Contest Entry; (b) participation in any travel or physical activity, or acceptance, receipt, possession, use or misuse of any prize, (c) technical errors of any nature associated with the Contest, including but not limited to delays, interruptions and inaccessibility related to computers, servers, internet service providers, satellites, websites, cellular networks, or telephone or network lines; (d) inaccurate or incorrect information of any nature, whether attributable to Entrant, site users, hacking, tampering, printing errors, or by any computer software, computer hardware, programming or other equipment associated with administration of the Contest; (e) damaged, delayed, garbled, inaccurate, incomplete, invalid, lost, misdirected, stolen, undeliverable or un-intelligible Contest Entries; (f) unauthorized human intervention in the Contest; (g) network, electronic, mechanical, human, computer, printing or typographical errors; (h) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the registration of Entrants, provision of Contest Entries, operation of the Contest, winner selection, notification or announcement of the winner, the modification, suspension, postponement or termination of the Contest if applicable, or in any Contest-related materials; (i) any delays, cancellations or postponements of the Academy Session; (j) unauthorized third party use of any Contest Entry; or (k) injury, death, loss or damage of any kind, to persons or property, whether related or caused directly or indirectly, in whole or in part, by the Contest or from participation therein, or the acceptance, receipt, use or misuse of any prize or portion thereof.
Entrant agrees and accepts that in any dispute, claim or cause of action, the Released Parties liability will be limited to actual out-of-pocket expenses of entering and participating in the Contest, and in no event shall Entrant be entitled to receive attorneys’ fees. Except for such actual out-of-pocket expenses, Entrant waives the right to claim any damages whatsoever, including but not limited to, direct, indirect, incidental, consequential, exemplary, special, or punitive damages and waives any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Disputes
In the event of a dispute concerning the identity of any Entrant, the Contest Entry will be deemed submitted by the registered account holder of the corresponding Instagram account (the “Registered Account Holder”).
Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action relating to the Contest or any prize awarded, shall be resolved individually and without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Florida, or the appropriate Florida State Court located in Miami-Dade County. All issues and questions concerning the construction, enforceability, interpretation and validity of these Official Rules, Entrants rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, as well as all remedies to which any party may be entitled, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Florida.
CLASS ACTION WAIVER
EACH ENTRANT AND SPONSOR WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. Regardless of anything else in this Official Rules, the validity and effect of this class action waiver may be determined only by a court and not by an arbitrator.
Privacy Policy
Personal identification information collected by Sponsor in accordance with these Official Rules is subject to Sponsor’s Privacy Policy. By entering the Contest, each Entrant agrees that Sponsor has the right to contact them by telephone or email in furtherance of administration and operation of the Contest and in compliance with applicable laws, rules and regulations. Any Personal identification information collected by Sponsor during the Contest may be used by Sponsor and/or its Affiliates to send information to Entrant by email about new promotions and products. Entrant may unsubscribe at any time.
Publicity Release
Acceptance of any prize in this Contest constitutes the consent of Entrant for Sponsor and/or its Affiliates to use and publish each winner's personal information, including but not limited to, name, image, likeness, biographical information, Contest Entry, and prize for advertising and promotional purposes in any media now known or hereinafter developed, including social media, without additional compensation, permission or notification, throughout the world, in perpetuity, except as prohibited by law.
Official Rules and Winners List
The Winner will be posted on the Alfaparf Milano Instagram page after completion of winner verification. Sponsor will also provide the name of the winner and/or an additional copy of these Official Rules if applicants send a self-addressed, stamped envelope (VT residents may omit return postage), specifying “Winners List” or “Official Rules” before December 31, 2024 to Alfaparf Milano, FAO: GLOBAL ACADEMY CONTEST, 8750 NW 36th St, Suite 530, Doral, Fl 33178.
PLEASE REPORT UNAUTHORIZE USE OF NAME, LIKENESS, INTELLECTUAL PROPERTY
IF ANY PERSON BELIEVES THAT THEIR NAME, IMAGE, LIKENESS, OR INTELLECTUAL PROPERTY (SUCH AS COPYRIGHTED WORKS OR TRADEMARKS) HAS BEEN CAPTURED IN A CONTEST ENTRY AND/OR PUBLISHED WITHOUT THEIR CONSENT, SUCH COMPLAINT SHOULD BE IMMEDIATELY BROUGHT TO SPONSOR’S ATTENTION BY SENDING AN EMAIL TO mjaskulski@alfaparf.com SO THAT SPONSOR CAN INVESTIGATE THE COMPLAINT. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY CONTEST ENTRY OR ENTRANT SUBJECT TO INVESTIGATION FOR POTENTIAL INFRINGEMENT OF THESE OFFICIAL RULES OR VIOLATION OF LAW.