Terms & Conditions

Terms and conditions and data protection information for the Social Media Instagram Contest "@Pure Pigments"

in EMEA countries Germany, Austria, Belgium, Luxembourg, Netherlands, Denmark, Norway, Finland and United Kingdom

The following conditions regulate the participation in the Social Media Instagram Contest "@Pure Pigments” of the trademark Goldwell on Instagram, as well as the collection and use of the information collected from or shared by participants. Participation in the contest is only possible under the terms and conditions listed hereafter. In participating, the participant accepts these terms and conditions.

 

 

Organisers and Implementer

  1. 1. The contest is organised by Kao Germany GmbH, Pfungstädter Strasse 98-100, 64297 Darmstadt – Germany, Tel.: +49(0)6151-3960-0; email: GlobalSocialMedia@kao.com. The local implementation of this contest is supported by local Kao country organisations in Germany, Austria, Belgium, Luxembourg, Netherlands, Denmark, Norway, Finland and United Kingdom (hereinafter referred to collectively as “the organiser” or “KAO”).
  2. 2. The technical implementer is CAMAO AG, Europaplatz 5, 64293 Darmstadt – Germany, Tel.: +49 (0)6151-6085-0; email: hello@camao.one.
  3. 3. Any questions, comments or complaints about the contest must be directed to the organiser.

Terms & Conditions for Participation

  1. 1. The contest takes place from 15.04.2018 until 31.05.2018. The deadline for participation is 31.05.2018 at 11:59 pm. The date and time of the entry in the database are applicable.
  2. 2. Persons resident in Germany, Austria, Belgium, Luxembourg, Netherlands, Denmark, Norway, Finland and United Kingdom who are at least 18 years of age are eligible. Employees of Kao Germany GmbH, local Kao country organisations, its subsidiaries and associated companies, their relatives, partners and employees of cooperation partners, who are or were employed in the production or processing of the contest, are excluded from participation.
  3. 3. If you fulfil the participation conditions, you can take part in the contest. In addition, you must grant the necessary declarations of transfer of rights and consent for data storage.
  4. 4. Participation takes place as follows:
    1. a. KAO will publish “call to action” posts via local Goldwell Instagram channels to indicate the start of the Social Media Instagram Contest "@Pure Pigments”.
    2. b. Take a selfie picture or video of the new hair creation you created inspired by @Pure Pigments Color Morphing.
    3. c. To participate in the contest you need to post this selfie picture or video on your own Instagram account using the hashtag #ColorMorphing and make sure to add your local Goldwell Instagram channel: Please make sure your Instagram channel is open for public view, otherwise your selfie picture or video cannot be seen by us.
  5. 5. The contest is in no way sponsored, supported or organized by Instagram and has no connection to Instagram. All requests and comments regarding the contest must be directed to the organiser and not to Instagram. The participants cannot assert any claims against Instagram in connection with participation in the contest.
  6. 6. Throughout all selfies that have been uploaded correctly on the according Instagram channels, the organiser will - via a jury consisting of experts – raffle off on 11.05.2018 the winners for the following prizes:
    • - 111 x 1 Fujifilm Instant Camera Instax mini9 incl. one film, in the value of ca. 70 EUR.
      - 1 x 1 entrance ticket to the Global Zoom Event 2018 in Toronto on 30.09.-01.10.2018, in the value of ca. 600€.
    Please note that this ticket only allows for entrance to the Global Zoom Event. Costs for transportation to and from the event venue, hotel costs, board and lodging as well as any other related costs, are not included in the prize. All of these additional costs must be covered solely by the participant.
  7. 7. The participation in the contest is free of charge. Each participant may only participate once. Multiple entries are not taken into account.
  8. 8. In the event of a breach of these terms and conditions, Kao reserves the right to exclude people and contributions from the contest.

Transfer of rights

By participating in the contest the following conditions to transfer of rights apply:

  1. 1. You confirm to KAO that you are the copyright owner to the selfie picture or video, that you are entitled to transfer all rights you hold on the selfie picture or video and that you are not hindered from making a declaration of release and transferring of rights on the selfie picture or video by any contracts with third parties or other obligations.
  2. 2. Please take note that your selfie picture or video might be reposted to KAO branded social media channels or websites (for example to show looks or the progress of the contest). By posting your selfie picture or video you agree to these terms and conditions and hereby grant to Kao Germany GmbH, local Kao country organisations and its parent company as well as to affiliated companies of the KAO Group the permission to use, reproduce, copy, publish, translate or otherwise utilize your selfie picture or video in online media (i.e. on KAO branded social media channels and KAO branded websites) for any and all purposes of sales, marketing, education, advertising, promotion and/or other purposes of trade.
  3. 3. You hereby waive any and all privacy rights you may have in and to the aforementioned selfie and you agree that you shall have no right of approval, no claim to additional compensation or benefit, and no claim, including – but not limited to – claims based upon invasion of privacy, defamation or right of publicity arising out of KAO’s use of the selfie picture or video.
  4. 4. You further agree that you will indemnify KAO, all affiliates in the KAO group, KAO’s legal representatives, employees, vicarious agents and assignees for all third-party claims against KAO which may be lodged through use of the selfie picture or video.

Notification of winner, no cash payments

  1. 1. KAO will publish on 11.06.2018 comments below the previously posted “call to action” posts on Instagram, naming and tagging the user names of the winners and asking for their confirmation of the acceptance of the prizes by sending a direct message to the local Goldwell Instagram accounts within a deadline of 10 working days. The Winners will then be required to provide their full first and last name as well as postal address which will be used for the shipping of the prizes. Any further communication between the organizer and the winner will take place in non-public, individual notions.
  2. 2. The prizes will be sent to the postal addresses provided by the winners. If delivery is not possible or if the specified contact information is incorrect (for example, invalid postal address), the prizes will be returned to the organizer and the prizes will be raffled again. KAO is not obliged to investigate correct addresses. The disadvantages resulting from the specification of incorrect contact data are at the sole risk of the participants.
  3. 3. A payout in cash or in property values that can be exchanged or transferred to other persons is not possible. A participant may waive the prize. In this case, the winner shall be drawn again.

Disclaimer of warranty

  1. 1. The organiser reserves the right to cancel the contest at any time without notice for an important reason. If the contest is cancelled for an important reason, the organiser shall immediately inform the participants. A cancellation for important reasons may occur, in particular, if a proper implementation of the campaign can no longer be guaranteed for technical reasons. The organiser accepts no responsibility for lost opportunities for participation due to technically caused connection interference, etc.
  2. 2. The availability and functioning of the contest on Instagram cannot be guaranteed by the organiser. The contest may be ended or removed due to external circumstances and constraints without giving rise to any entitlements by the participants against the organiser.
  3. 3. The organiser shall also not be liable for lost, delayed, misdirected, damaged or unsubmitted contributions/content due to technical difficulties that disrupt electronic communications or other causes, such as those that can occur with Instagram or an Internet provider.

Data Protection

  1. 1. The organiser shall collect and use the data of the participants only in so far as this is legally permitted or participants agree to this. The information provided may only be used by the organiser and implementer - unless expressly stated otherwise - for the implementation of the contest and the dispatching of the prizes. Any further disclosure of the subscriber data to third parties shall be done only as far as is necessary for the implementation of the contest or handing over the prizes, for example in the context of sending the prizes.
  2. 2. Through their participation in the contest, the participants agree to the collection, storage and use of the following data in the design, implementation and management of the contest: first name and surname, postal address. The personal data of the participants will be deleted once the contest is over and is being wound up.
  3. 3. The participants can request information from the organiser at any time in written or text form about which personal data are stored by the organiser, require it to be corrected and deleted and revoke their consent to the use of their data.

Exclusion of Liability

  1. 1. The following liability exclusions and limitations of liability shall apply to liability on the part of the organiser for damages without prejudice to the other statutory entitlement conditions:
  2. 2. The organiser is unconditionally liable, as far as the cause of the damage is based on malicious intent or gross negligence. The organiser shall furthermore be liable for slightly negligent breach of essential duties, the breach of which jeopardises the achievement of the purpose of the contract, or for the beach of duties, the fulfilment of which make the proper implementation of the contest possible and the observance of which the contractual partners regularly rely upon. In this case, however, the organiser shall be held liable only for the foreseeable damage typical of the contract. The organiser shall not be liable for slightly negligent breach of any obligations other than those mentioned in the preceding sentences.
  3. 3. The foregoing limitations of liability shall not apply in the case of injury to life, body and health, for a defect after the takeover of quality guarantees for the quality of a product and for fraudulently concealed deficiencies. The liability according to the product liability law remains unaffected.
  4. 4. As far as the liability of the organiser is excluded or limited, this also applies to the personal liability of employees, representatives and agents of the organiser.

Other

  1. 1. Legal recourse is excluded. Only the law of Germany shall apply. Should any of these terms and conditions be or become invalid, the validity of the other terms and conditions shall remain unaffected. These terms and conditions may be changed at any time by the organiser.
  2. 2. To make them more readable, only the male form is used in the terms and conditions. The female form is of course always understood as being included.