The contest (“Contest”) is produced and administered by Salon Communications Inc., 202-183 Bathurst Street, Toronto, Ontario, M5T 2R7, Canada. Salon Communications Inc. may be referred to as SCI or the Producer.
The Contest begins at 12:00:00 AM Eastern Time (“ET”) on August 1, 2020 (the “Contest Start Date”) and ends at 11:59:00 PM ET on September 9, 2020 (the “Contest Period”). By submitting an entry, each entrant agrees to abide by the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. No purchase is necessary to enter the Contest.
WHO MAY ENTER
To enter the Contest, a person (each an “entrant”) must (i) be a bona fide hairstylist or colourist (ii) be a legal resident of Canada who at the time of entry has reached the age of majority in the province/territory in which he/she resides. SCI, and its subsidiaries and affiliates, and their respective employees, independent contractors, retirees, representatives and volunteers (including those of SCI’s advertising and promotional agencies) and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or any person with whom they are domiciled are not eligible to enter the Contest.
HOW TO ENTER
To enter the Contest, each entrant must post their photograph (each, an “entry”) on Instagram with the following hashtags, #ContessaFreestyle, #ContessaAwards and must comply with the Photograph Requirements set out below.
Photographs must feature the official Contessa Freestyle overlay, which must be added to the photograph in order for it to be counted as an entry. Failure to do so may result in your photo being disqualified.
Only one entry may be submitted per entrant.
Photographs can be of work that has been previously published, photographed and/or entered in a competition within the last two years (January 1, 2018 to September 9, 2020).
Photographs must be of an individual person. Photographs must be in digital format, no print or film submissions will be accepted. Photos previously submitted for past “Contessa Awards” contests within the last two years are permitted. Photographs do not need to be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 1 megabyte or smaller, must be in JPEG or JPG format, and must be at least 600 pixels wide (if a horizontal image) or 800 pixels tall (if a vertical image). Photographs that include sculptures, statues, paintings, or other works of art will be accepted as long as they do not constitute copyright infringement or fraud; entrants must be prepared to provide a release form as described below under “Releases”. When photographing the work of others, the subject of the photograph must be an object in its environment and not a full-frame close-up of another person’s art. The photograph, in its entirety, must be a single work of original material taken by the entrant. By entering the Contest, each entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph. The photograph may be previously published work, or have been entered in another image-based contest, provided that nothing restricts the entrant’s authority to enter such photograph in this Contest.
The photograph must not, in the sole and unfettered discretion of SCI, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. SCI reserves the right to examine the original photograph/source material in order to confirm compliance with these Official Rules. The representations and warranties provided herein are continuing representations and warranties. They must be true at all times during the Contest.
Please read the Photo Instructions for an additional guideline of what to submit.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to the Authorized Parties (defined below) to reproduce, distribute, display, modify, and edit the entries and to create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in Salon Magazine or online highlighting entries or winners of the Contest. Entrants consent to SCI doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries and agree to release and hold harmless the Authorized Parties and each of their respective agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering the Contest, each entrant grants the Authorized Parties an unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of entrants, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
All entries become the property of the Producer and shall in no case be acknowledged upon receipt or returned to the entrant. The Contest is subject to all applicable federal, provincial and municipal laws and regulations. The decisions of the Producer with respect to all aspects of the Contest are final and binding on each entrant without right of appeal, including, without limitation, any decisions regarding the eligibility and/or disqualification of entries.
Upon SCI’s request, each entrant must provide (within seven (7) calendar days of receipt of SCI’s request) a signed release, warranty of ownership and license, warranting such entrant is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and authorizing SCI and its licensees (the “Authorized Parties”) to reproduce, distribute, display, modify, and edit the entry and to create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known.
If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. Upon SCI’s request, each entrant must provide (within seven (7) calendar days of receipt of SCI’s request) (i) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph, authorizing any Authorized Party to reproduce, distribute, display, modify, and edit the entry and to create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, (ii) a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photograph, authorizing any Authorized Party to reproduce, distribute, display, modify, and edit the entry and to create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, and/or (iii) a signed written license from the owner of any private property included in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display, modify, and edit the entry and to create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by SCI. Failure to provide such releases upon request may result in disqualification from the Contest and the selection of an alternate winner.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of SCI’s request or notification, (i) in the event that SCI sends the request by postal mail, five (5) business days after the request was sent by SCI, or (ii) in the event that SCI sends the request by email, on the day that the email was sent by SCI.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, indemnify and hold harmless Salon Communications Inc., the Sponsor and their partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives (the “Released Parties”) from any liability, claim, loss, or damages (including, but not limited to personal injury, bodily injury, disability, death, property damage and loss or damage of any other kind) arising, directly or indirectly, in whole or in part, from or in connection with their participation in this Contest or in any Contest-related activities or any breach by the entrant of their obligations or any use, collection, storage and disclosure of an entrant’s personal information, or if declared a winner, the acceptance and use, misuse, or possession of any Prize awarded hereunder.
This release and indemnity shall continue in force following the termination of the Contest and/or the awarding of any Prize.
If a dispute arises, the disputed entry will be declared to have been made by the authorized account holder of the email address associated with the Salon Magazine Community membership account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER ALSO RESERVES THE RIGHT TO SEEK DAMAGES FROM THE PERPETRATOR TO THE FULLEST EXTENT PERMITTED BY LAW. The Producer and Sponsor are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate or by any human error which may occur in the processing of the entries in the Contest, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers or digital devices related to or resulting from participation, uploading or downloading of any materials related to in this Contest. Any claim or legal action arising or occurring with respect to the Contest, or the awarding, acceptance, use, or misuse of the prize shall be governed exclusively by the laws of the Province of Ontario and shall be resolved exclusively in either the federal or provincial courts located in Toronto, Ontario.
PRIVACY/USE OF PERSONAL INFORMATION
Each entrant will be required to submit personal information in order to enter the Contest, and by entering the Contest, each entrant agrees to the following terms regarding their personal information. Each entrant’s personal information will be used for the administration of the Contest, including the contacting of the selected entrants and the awarding of the Prize, in addition to the other uses contemplated in these Official Rules. Such personal information may also be used for the Producer’s marketing initiatives as more specifically set forth below. Each entrant hereby consents to the collection, use, storage, sharing and disclosure of their personal information provided in their entry by the Producer and its affiliates as contemplated herein, without further compensation, notice or consideration, consent or prior review. Each entrant hereby confirms they understand that by entering the Contest, any personal information provided may be shared within the Producer. Each entrant’s personal information will be governed by the Producer’s privacy policies, which are located at https://www.salonmagazine.ca/privacy-policy/