OFFICIAL RULES AND REGULATIONS
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 10:00:00 AM Eastern Time (“ET”) on March 26th, 2018 (the “Contest Start Date”) and ends at 5:00:00 PM ET on April 16th, 2018 (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 and be eligible to win a prize, a person (each an “entrant”) must (i) be a bona fide hairstylist or licensed beauty professional, and (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
Only one entry may be submitted per entrant. To enter the Contest, each entrant must visit https://www.salonmagazine.ca/contests/enter during the Contest Period, complete all required fields on the online registration form, and submit the registration form together with their photograph, which must comply with the Photograph Requirements set out below (each, an “entry”).
Each entry must comply with the following requirements (the “Photograph Requirements”): Photographs must be of an individual person. Photographs must be in digital format, no print or film submissions will be accepted. 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.
There is one (1) grand prize available to be awarded (the “Prize”), consisting of: feature of winning entry photograph (i) in a print issue of Salon Magazine, (ii) on SalonMagazine.ca, and (iii) in one of the SalonMagazine.ca’s weekly e-newsletters. The Prize must be accepted as awarded without transfer, assignment or substitution, except as may be required subject to availability at the sole discretion of the Producer, and is not redeemable for cash. The Prize, or components thereof, may be substituted by the Producer with an alternate prize of equal or greater value in the Producer’s sole discretion, subject to any required regulatory approvals. The Prize is provided “as is”, without any representations, warranties or conditions whatsoever, express or implied, and the Producer expressly disclaims any and all such representations, warranties and conditions.
The odds of being selected to win the Prize depend on the total number of eligible entries received during the Contest Period. There is a maximum of thirty (30) semi-finalist entries permitted. If less than thirty (30) eligible entries are received during the Contest Period, all such entries shall be considered semi-finalist entries. If more than thirty (30) eligible entries are received during the Contest Period, semi-finalist entries will be selected at the sole discretion of a panel of judges comprised of independent professional beauty industry experts, beauty editors and any other individuals chosen by the Producer (the “Judges”) based upon each eligible entry’s originality, overall concept and suitability for the Contest. All semi-finalist entry photographs will be posted online at https://www.salonmagazine.ca/contests/vote at 12:00:00 PM ET on Thursday April 19th, 2018.
Winners are now selected in a two-part process:
1. Online voting will determine the finalists. Voting will commence on Thursday April 19th, 2018 at 12:00 PM ET and will end at 11:59:59 AM ET on May 9th, 2018 (the “Voting Period”). Individuals, including entrants, may visit https://www.salonmagazine.ca/contests/vote during the Voting Period and submit a vote for any entry to be selected as the winner. Individuals may vote for more than one entry, but may only vote once per email address per contest. Voting results will not be displayed during the Voting Period. The top 50% of semi-finalists with the most votes at the end of the Voting Period will advance to the next round of judging as finalists. For example, if there are 10 contestants, the top five will become finalists. If there are 12 contestants, the top six will be finalists. In the case of an odd number of entrants, we will round up. For example, if there are 15 contestants, the top eight will be finalists. Salon Communications Inc. reserves the right to cancel the contest or postpone the entry deadline for any contest with fewer than six entrants by the initial end date.
2. The winner from the finalists will be detemined by the Judges based upon the merit and quality of each entry. The Judges will determine the merit and quality of each entry based upon a ranking system evaluating the originality, creativity, technical execution, photography, overall concept, and suitability for the Contest. Each entry shall remain anonymous to Judges until a winner is confirmed.
The Producer may disqualify any entry for any reason whatsoever in its sole discretion. All decisions of the Judges are final, binding and non-reversible.
One (1) winning entry will be selected from the finalist entries on May 10th, 2018 between approximately 12:00:01 PM ET and 4:59:59 PM ET at SCI’s offices at 202-183 Bathurst Street, Toronto, Ontario, M5T 2R7, Canada.
NOTIFICATION OF SELECTION
The selected entrant will be contacted at the email address provided at the time of entry by [email protected] on May 11th, 2018 (the “Selection Date”) between approximately 12:00:00 PM and 11:59:59 PM by the Producer. The Producer will make two (2) attempts to contact the selected entrant within three (3) business days of the Selection Date. If the selected entrant cannot be contacted within two (2) attempts or three (3) business days of the Selection Date (whichever occurs first) or if the selected entrant declines the Prize, then the selected entrant will be disqualified and an alternate entry will be selected from the remaining eligible finalist entries by the Judges based upon the scores awarded pursuant to “Winner Selection” above. This process will be repeated until a selected entrant has been contacted and the Prize has been awarded in accordance with these Official Rules or the Producer runs out of eligible entries, at the Producer’s sole discretion, whichever occurs first. If an entrant is determined by the Producer, in the Producer’s sole discretion, to have failed to comply with these Official Rules, including the Photograph Requirements, or applicable law, such entrant will be disqualified from the Contest.
The top two (2) entries, not selected as the winner, based upon the scores awarded in accordance with “Winner Selection” above, shall receive honorable mention and be posted online at SalonMagazine.ca. Such runner-up entrants will not be notified of being selected as a runner-up.
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, Elevate 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.
SELECTED ENTRANT MUST, BEFORE BEING DECLARED A WINNER:
(i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question, (ii) confirm their compliance with these Official Rules (including without limitation the eligibility requirements herein) and confirm their acceptance of the Prize as awarded without substitution, (iii) release the Released Parties (as defined below) from any liability in connection with the Contest, participation therein, and/or the awarding and use/misuse of the Prize or any portion thereof, all in form and substance satisfactory to the Producer, by email response within three (3) business days of receipt of the selection notification, and (iv) provide all of the applicable releases referred to under “Releases” below. Failure, by the specified deadlines, to confirm compliance with the Official Rules and acceptance of the Prize, failure to deliver the required release set forth above or any of the releases set forth below, failure to correctly answer the mathematical skill-testing question, return of the Prize or notification as undeliverable will result in disqualification, at the Producer’s sole discretion, and an alternative entrant will be selected.
The Prize restrictions and conditions stated herein are not all-inclusive and may be subject to additional restrictions and conditions. The entrant declared to be the winner is solely responsible for the remittance and payment of any taxes applicable to any portion of the Prize awarded to such entrant in the Contest, and such entrant hereby releases the Released Parties from any responsibility therefor.
RELEASES 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.
Any litigation respecting the conduct or organization of a publicity contest in Québec may be submitted to the Régie for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. In the event of any discrepancy or inconsistency between the English language version and the French version of these Rules, the English version shall prevail and govern.
COPY OF OFFICIAL RULES
For a copy of the Official Rules, please:
visit: https://salonmagazine.ca/en/so-you-think-you-can-style-rules.html or
write to Salon Communications Inc., 202-183 Bathurst Street, Toronto, Ontario, M5T 2R7, Canada.