RULES
Stylist Contest and Consumer Sweepstakes
Official Rules
1. Promotion Dates: The Sebastian Brand “What’s Next Awards” begin August 16, 2010 at 12:00:01 AM Eastern Time, and ends January 14, 2011 at 11:59:59 PM ET (“Promotion Period”). All days below refer to Eastern Time (“ET”). During the Promotion Period there are a series of events which start and end on or about the dates and times noted below:
Unless otherwise noted, Start times begin at 12:00:01 AM ET.
End times conclude at 11:59:59 PM ET.
2) ELIGIBILITY: TO BE ELIGIBLE TO WIN, YOU MUST BE: 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN THE STATE/PROVINCE IN WHICH THEY RESIDE, if older than 18 YEARS OF AGE),, A LEGAL RESIDENT OF THE UNITED STATES RESIDING IN ONE OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES, THE DISTRICT OF COLUMBIA, OR CANADA (EXCLUDING QUEBEC) THROUGHOUT THE PROMOTION PERIOD AND, IF ENTERING THE sTYLIST CONTEST, A LICENSED cosmetologist in the US or Canada*. Officers, directors, and employees of The Procter & Gamble Distributing LLC, Marden-Kane, Inc., Vitrue, and each of their respective parent, subsidiary and affiliated companies, distributors, advertising, promotional and judging agencies, persons engaged in the development, production, or distribution of materials for this Promotion (collectively, the “Promotion Parties”) and the immediate family members (parent, child, sibling, spouse, grandmothers, and/or grandfathers of each) of, and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This Promotion is void in Quebec, Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions, and where prohibited by law.
*NOTE: If selected as a Finalist in the Stylist Contest, you will be required to provide proof of your current cosmetology licensure from the appropriate authority.
3) HOW TO ENTER : No purchase necessary, and no entry fee, payment, or proof-of-purchase necessary to participate in the Promotion. During the Promotion Period go to www.WhatsNextAwards.com (the “Promotion Site”) and, if currently an account holder, log-in, or if not an account holder create an account. There is no fee to set up an account and become a “Registered User”. You will be required to become an account holder before being able to participate in the Promotion.
For the Stylist Contest: After logging in to the Promotion Site, follow the instructions provided and upload a photo of the most fearless textured hairstyle you’ve created. Please note that while you will be allowed to submit up to three (3) supporting photographs of your hairstyle, only your primary photograph will be considered for the Contest. There is no limit to the number of entries an Entrant may submit during each Entry Period. Entrants MAY NOT submit entries for any person other than themselves, regardless of whether or not the Entrant has submitted his or her own entry. Any entries not submitted in accordance with the instructions provided on Promotion Site and the terms and conditions herewith, shall not be considered in the Stylist Contest and none of the Promotion Parties shall bear any responsibility for any such incorrect entries.
Stylist Submission Requirements and Guidelines ”Technical Requirements”:
- Photo entry files must be in .jpg, .gif, or .bmp format and have a maximum file size of 5MB.
- If the photo contains any brand names or trademarks they must not be any other than the Sebastian Brand image, brand name, and trademarks.
- The person on whom you performed the hair design, including yourself, must be 18 years of age (or the age of majority in the state/province in which they reside, if older than 18 years of age), or older, and must be the ONLY person depicted in the photo.
NOTE: If your entry is selected as a Finalist in the Stylist Contest, you will be required to supply the written consent of the photographer (if not you) and the person featured in the photo. A consent form is annexed to these rules.
In addition to the requirements and guidelines above, entries must not contain obscene or pornographic material, contain defamatory or libelous statements, invade privacy rights, exploit individuals under the age of eighteen (18) or in any other way violate applicable laws and regulations. Entries containing any such content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified.
For the Consumer Sweepstakes: During each Consumer Voting Period, after logging in to the Promotion Site, consumers will be able to vote for their favorite fearless hairstyle. Each vote cast by a Registered User will result in one (1) Consumer Sweepstakes entry. Limit one (1) Consumer Sweepstakes entry per Registered User, per day, during the Consumer Voting Period and the Stylist Contest Grand Prize Voting Period. As part of the voting process, entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. Any individual who attempts to register, or in the sole discretion of Promotion Parties is suspected of registering more than once or submits Consumer Sweepstakes entries in excess of the disclosed maximum, by any means, including but not limited to establishing multiple email accounts, will be disqualified from participation in this Promotion. The name of the person submitting the Consumer Sweepstakes entry must be the name of the person who registered on the Promotion Site with such email address, and the authorized account holder of such email address, otherwise, entry may be deemed void. In the event of a dispute over the identity of a potential Consumer Sweepstakes winner, the entry will be declared made by the authorized Promotion Site account holder of the email address submitted at the time of entry, and potential Consumer Sweepstakes Winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the responsibility of the Consumer Sweepstakes entrant to notify the Promotion Parties in writing if the entrant changes his or her Promotion Site account, email, or postal address during the Promotion Period.
All entries (Contest and Sweepstakes) become the property of the Sponsor and will not be acknowledged or returned. By entering, you agree to all of the terms and conditions of Sponsor’s Privacy Policy, which is available at http://www.pg.com/privacy/english/privacy_notice.html. Any entry information collected from the promotion shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy referenced above. Marden-Kane, Inc. has been contracted as an independent third party administrator. The entry information is shared with Marden-Kane, Inc. for the sole purpose of the selection, notification, and the fulfillment of the prizes.
4) RANDOM DRAWING FOR CONSUMER SWEEPSTAKES GRAND PRIZE : A random drawing to select the potential Consumer Sweepstakes Grand Prize Winner (“Consumer Winner”) from among all eligible entries received will be conducted on or about January 18, 2011. Drawing will be conducted by Marden-Kane Inc., an independent judging organization, whose decisions are final and binding on all matters relating to this Sweepstakes. Potential Consumer Winner is subject to eligibility verification and compliance with these Official Rules. If potential Consumer Winner is a US resident, Marden-Kane, Inc. will notify him/her via email, phone, and/or postal mail at the postal address provided within one (1) business day of prize drawing. The potential Consumer Winner will be required to sign, have notarized and return to Marden-Kane, Inc. an affidavit of eligibility/release of liability, and, where legal, a publicity release within two (2) days of issuance of notification. If the potential Consumer Winner is a Canadian resident, Resolve Corp. will notify him/her via email, phone, and/or postal mail at the postal address provided within one (1) business day of prize drawing. The potential Consumer Winner will be required to sign and return a declaration of compliance/release of liability, and, where legal, a publicity release within two (2) days of issuance of notification. In addition, if a potential Consumer Winner is a Canadian resident, that potential Consumer Winner must correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered at a mutually convenient time by telephone or email. Failure to complete and return the documents in the time noted, or if prize notification is undeliverable, may result in disqualification and an alternate winner may be selected at Sponsor’s discretion. Acceptance of the prize constitutes permission for the Sponsor and its designees to use the results and proceeds of Consumer Winner’s services hereunder and the name, voice, actual or simulated likeness, and biographical information of winner and/or travel companion in connection with the Sweepstakes and the exploitation thereof (including, without limitation, for public relations, advertising and promotional purposes) in perpetuity, throughout the universe, in all media whether now known or hereafter devised, without additional compensation unless prohibited by law. Odds of winning prize are subject to the total number of eligible entries received.
5) STYLIST CONTEST PUBLIC VOTING TO DETERMINE FINALISTS: As noted in Section 1 above, all eligible entries received during each Entry Period will be posted to the Promotion Site and made available for public voting to determine the top 10 entries for each Entry Period. Registered Users will have the opportunity to critically evaluate, using the Judging Criteria (as defined in Section 6 below), and vote an entry as either “fearless” or “forgettable”. Registered Users may vote a maximum of once per day during the Consumer Voting Period. Subsequent votes submitted by any Registered User in excess of stated daily maximum limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by the Sponsor and/or Administrator in their sole discretion. Use of these techniques, or of script, macro, or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void and, further, may lead to the disqualification of the applicable entry.
6) Judging Criteria: All eligible entries will be judged in relation to the following judging criteria:
- Overall appearance and consistency with the “Fearless Texture” theme – 34%
- Inspiration behind the look and the skillful use of Sebastian Professional products to create the look – 33%
- Originality of style – 33%
At the end of each Consumer Voting Period, all eligible votes received will be counted and recorded. The ten (10) entries that receive the highest percentage of “fearless” votes (percentage based on number of “fearless” votes cast for an entry divided by the total number of votes cast for that entry) for each applicable Entry Period will be reviewed by a panel of expert judges and Sebastian Brand Representatives (collectively, “Judges”) under the supervision of Marden-Kane Inc., the Administrator and an independent judging organization. The Judges will determine the one (1) finalist (“Finalist”) from the top ten (10) voted entries during each Entry Period using the above judging criteria. In the event of a tie, the entries involved in the tie are subject to review by an additional judge who will serve as a tiebreaker and who will evaluate entries according to the judging criteria listed above. Decisions of judges are final and binding on all matters relating to this Contest. Becoming a Finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules.
Notwithstanding the above, the Promotion Parties reserve the right, in their sole discretion, to choose alternative top ten (10) entries and to replace any of the publicly voted top ten (10) entries if they determine in their sole discretion, that the replaced entry does not adequately satisfy the Technical Requirements and/or the spirit of the Contest as set forth herein.
7) Notification of Finalists: Designation as a potential Finalist for each Entry Period (as determined in accordance with Sections 5 and 6 above) is subject to eligibility verification and compliance with these Official Rules. Marden-Kane, Inc. will notify the potential Finalist via email, phone, and/or postal mail at the postal address provided within two (2) business days of the applicable Selection of Finalist date (as noted in Section 1 above). If a US resident, the potential Finalist will be required to sign, have notarized, and return to Marden-Kane, Inc. an affidavit of eligibility/release of liability, proof of current cosmetology licensure and, where legal, a publicity release within three (3) days of issuance of notification. If a Canadian resident, the potential Finalist will be required to sign and return to Resolve Corp. a declaration of compliance/release of liability, proof of current cosmetology licensure and, where legal, a publicity release within three (3) days of issuance of notification. Failure to complete and return the documents in the time noted, or if notification is undeliverable, may result in disqualification and an alternate Finalist may be selected at Sponsor’s discretion. Acceptance of Finalist status constitutes permission for the Sponsor and its designees to use the results and proceeds of Finalist’s services and photographs hereunder and the name, voice, actual or simulated likeness, and biographical information of Finalist in connection with the Contest and the exploitation thereof (including, without limitation, for public relations, advertising and promotional purposes) in perpetuity, throughout the universe, in all media whether now known or hereafter devised, without additional compensation unless prohibited by law.
8) Stylist Contest Grand Prize Voting: During the Stylist Contest Grand Prize Voting Period as defined in Section 1 above, the eight (8) Finalists will be posted on the Promotion Site and made available for public voting to determine the overall top five (5) Stylist Contest entries. Registered Users will have the opportunity to critically evaluate, using the Judging Criteria, and vote an entry as either “fearless” or “forgettable”. Users may vote a maximum of once per day during the Stylist Contest Grand Prize Voting Period. Subsequent votes from Registered Users in excess of stated daily maximum will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by the Sponsor and/or Administrator in their sole discretion. Use of these techniques, or of script, macro, or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void and, further, may lead to the disqualification of the applicable entry.
9) Determining the Stylist Contest Grand Prize Winner : At the end of the Stylist Contest Grand Prize Voting Period, all eligible votes received will be counted and recorded. The five (5) Finalists that receive the highest percentage of “fearless” votes (percentage based on number of “fearless” votes cast for an entry divided by the total number of votes cast for that entry) during the Stylist Contest Grand Prize Voting Period will be reviewed by the Judges under the supervision of Marden-Kane Inc. The Judges will determine the Stylist Contest Grand Prize Winner (“Stylist Winner”) from the top five (5) Finalists using the above judging criteria. In the event of a tie, the entries involved in the tie are subject to review by an additional judge who will serve as a tiebreaker and who will evaluate entries according to the judging criteria listed above. Decisions of judges are final and binding on all matters relating to this Contest. Becoming the Stylist Winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules.
Notwithstanding the above, the Promotion Parties reserve the right, in their sole discretion, to choose alternative top five (5) entries and to replace any of the publicly voted top five (5) entries if they determine in their sole discretion, that the replaced entry does not adequately satisfy the Technical Requirements and/or the spirit of the Contest as set forth herein.
10) NOTIFICATION/ANNOUNCEMENT OF GRAND PRIZE WINNERS: Both the Stylist and Consumer Winners will be notified by mail, telephone, and/or email, by the Administrator on or about January 24, 2011. The Stylist and Consumer Winners will each be required to sign and properly execute a W9 Tax Form and return it via email or facsimile (and subsequently by mail) to Administrator before the Grand Prize(s) will be awarded. In the event that a Grand Prize winner (Stylist or Consumer) cannot be contacted or if a Grand Prize Winner fails to properly execute and return all documents described herein in the time noted, or if a Grand Prize Winner declines to accept the prize, or if a Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Grand Prize Winner will be disqualified and in the case of the Stylist Grand Prize Winner the next highest scoring entry will be declared the alternate Stylist Grand Prize Winner, subject to all verification and eligibility requirements of these Official Rules. In the event any Grand Prize Winner is disqualified for any reason, Sponsor may award the prize to an alternate entrant, in its sole discretion, based on the judging criteria detailed above even if the disqualified Grand Prize Winner's name or photo entry may have been shown or announced online. Stylist and Consumer Winners will be announced on the Promotion Site on or about January 24, 2011.
11) PRIZES: Stylist Contest Grand Prize: A 4 day/3 night trip for two to New York City for the opportunity to co-create hair fashions backstage during 2011 Fall Fashion Week (currently scheduled for February 10-17 2011). Stylist Contest Grand Prize consists of: Round-trip coach air transportation for the winner and a guest to New York, NY, from a single major U.S. gateway airport nearest to winner’s home (as determined by Sponsor), double occupancy standard hotel accommodations for four (4) nights at the W Hotel and a check for $500 USD. (ARV: $2,500 USD) Consumer Sweepstakes Grand Prize: A 4 day/3 night trip for two to New York City and admission to Sponsor’s choice of a 2011 Fall Fashion Week Event. Consumer Sweepstakes Grand Prize consists of: Round-trip coach air transportation for the winner and a guest to New York, NY, from a single major U.S. gateway airport nearest to winner’s home (as determined by Sponsor), double occupancy standard hotel accommodations for four (4) nights at the W Hotel, and admission to Sponsor’s choice of a Sebastian Fashion Week Event; and a $500 USD shopping spree. Shopping spree to be awarded as a check for $500 USD. (ARV: $2,500 USD).
The final dates for trip are at the Sponsor’s discretion. The 2011 Fall Fashion Week is currently scheduled for February 10-17 2011. Winners will receive less than seven (7) days notice prior to trip departure. If the 2011 Fall Fashion Week is canceled, rescheduled, delayed or if either Grand Prize Winner cannot take the trip to be in New York on the date specified by the Sponsor, the Sponsor shall have no further obligation to the Grand Prize Winner and his/her guest other than to supply the trip to New York as described within one (1) year from date of prize notification without providing attendance at any 2011 Fall Fashion Week related event. All other expenses relating to acceptance of either Grand Prize not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages, and gratuities are responsibility of the Grand Prize Winner and his/her guest. Travel must be completed on dates specified by Sponsor or the Grand Prize will be forfeited. Specifics of both Grand Prize travel packages are subject to availability and Sponsor’s sole discretion. Complete terms and conditions of the Grand Prize trips will be furnished with prize notification. Travel must be made through Sponsor’s agent on a carrier of Sponsor’s choice. Reservations are subject to availability. Travel restrictions and blackout dates may apply. Grand Prize Winner and his/her guests must travel on the same itinerary and are responsible for obtaining all required travel documents (e.g. acceptable photo ID, VISA, Passport, etc.). If a Grand Prize Winner resides within a 100 mile radius of New York City, ground transportation may be provided for the Grand Prize Winner and guest in lieu of air transportation and no compensation or substitution will be provided for difference in prize value.. Travel companion of Grand Prize Winner must also be 18 years of age or older (or the age of majority in the state/province in which they reside, if older than 18 years of age),unless travel companion is the child of the Grand Prize Winner. Sponsor and/or Administrator and/or any other relevant party, reserves the right to remove or to deny entry to Grand Prize Winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during the 2011 Fall Fashion Week. Estimated total retail value of all prizes is $5,000 USD. Actual value may vary based on places of departure and dates of travel. Prizes are non-transferable; no substitutions or cash awards allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. All federal, state or other tax liabilities are the responsibility of the winner. All prize details not specified herein shall be determined solely by Sponsor.
12) Travel Companion Liability and Publicity Release: Both the Stylist and Consumer Winners and his/her guest (parent/guardian, if travel companion is not age of majority in his/her state/province of residence) on the Grand Prize Trip will be required to sign and properly execute additional documents related to participation in this Promotion (e.g. Travel Releases and Publicity Releases – except where prohibited) and return them via email or facsimile (and subsequently by mail) to Administrator before the Grand Prize will be awarded. Promotion Parties shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any person’s participation in the Promotion or any prize awarded herein.
13) GENERAL : This Promotion is subject to the laws of the United States and Canada. Except as determined by Sponsor in their sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted. All federal, state/provincial or other tax liabilities arising from this Promotion are the sole responsibility of the prize winner.
14) LICENSE TO EXPLOIT SUBMISSIONS: By entering the Contest, and to the extent allowed by law, entrants grant the Promotion Parties and each of their affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the entries in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Entrants waive and release the Promotion Parties and each of their affiliates from any and all claims that entrants may now or hereafter have in any jurisdiction based on any claims, including but not limited to “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Promotion Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein.
15) CONDUCT : By entering either this Promotion, entrants agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding in all respects. These Official Rules are accessible from the Promotion Site throughout the Promotion Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
16) LIMITATIONS OF LIABILITY : Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled, or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction, or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation, or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers, or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or any combination thereof, or; (e) any injury or damage to participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion or download any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons that may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Promotion in whole or in part.
17) RELEASES : All entrants, as a condition of entry into the Promotion, agree to release The Procter & Gamble Distributing LLC, Marden-Kane, Inc., Vitrue, and their respective parents, subsidiaries, affiliates, divisions, distributors, suppliers, printers, application developers, distributors and advertising, promotional or judging agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Promotion page; submitting an entry or otherwise participating in any aspect of the Promotion; the receipt, ownership or use of any prize awarded; preparing for, participating in or traveling to and/or from any prize-related activity, or any typographical or other error in these Official Rules or the announcement of offering of any prize. Except where prohibited by law, Stylist Winner, Consumer Winner, and Finalists grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website) the Winner/Finalist’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. Further, by entering, all entrants agree that the Promotion Parties and each of their affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the entrant to the extent permitted by law and except where prohibited.
18) WINNERS LIST : All Winners will be announced on the Promotion Site on or about January 24, 2011.
19) SPONSOR/ADMINISTRATOR : Sponsor: P&G Salon Professional, Sebastian Brand, 6109 DeSoto Avenue, Woodland Hills, CA 91367. Administrator: Marden-Kane, Inc., 1055 Franklin Ave, Suite 300. Garden City, NY 11530.
© 2010 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.









