R+Co “#randcolorcreators" Social Media Contest Official Rules (the “Official Rules”)

Sept 1, 2024

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING; CONSUMER DISCLOSURE: YOU HAVE NOT YET WON.

BY ENTERING THE CONTEST, YOU (“you” or “entrant”) AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE CONTEST, AND TO RECEIVE MARKETING MATERIALS FROM ROGUE & CO., LLC (“R+Co”). BY ENTERING THE CONTEST YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.

  1. Eligibility: CONTEST IS OPEN TO “SALON PROFESSIONALS” (MUST HAVE A VALID COSMETOLOGY LICENSE TO ENTER AND BE ABLE TO PROVIDE UPON REQUEST) OF THE CONTIGUOUS 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AGE EIGHTEEN (18) YEARS OR OLDER AT THE TIME OF ENTRY EXCLUDING EMPLOYEES, THEIR SPOUSES AND IMMEDIATE FAMILIES (PARENT, CHILD, SIBLING, AND ANY OF THEIR RESPECTIVE SPOUSES) AND HOUSEHOLD MEMBERS (WHETHER OR NOT RELATED) OF R+CO AND ITS RESPECTIVE PARENT, SUBSIDIARIES, PARTICIPATING VENDORS, OR AFFILIATED ENTITIES.  The Contest is governed by the laws of the State of Delaware, in the United States and is subject to all applicable, federal, state and local laws and regulations within the United States of America.  By entering the Contest, entrant agrees to and accepts to be bound by all terms of these Official Rules.  Void where prohibited by law.   The Contest is governed by the laws of the State of Delaware, in the United States and is subject to all applicable, federal, state and local laws and regulations within the United States of America.  By entering the Contest, entrant agrees to and accepts to be bound by all terms of these Official Rules.  Void where prohibited by law.
  1. Contest Entry Period: The Contest starts at 12 AM Eastern Time (EST) on Sept 1, 2024, and ends at 11:59PM Eastern Time (EST) on Sept 30, 2024 (the “Contest Entry Period”). All entries must be received on or before the end time stated during the Contest Entry Period. R+Co reserves the right to extend or shorten the contest in its sole discretion.
  1. How to Enter: To enter the Contest, you must adhere to all of the following entry requirements prior to the end of the Contest Entry Period:
  1. Participant must ensure their social media profile is public, and post their video submission to either Instagram or TikTok.
  2. Participants can enter as many times as they’d like with different videos.
  3. In the caption of their post, participants must clearly mention that this is their entry for the #randcolorcreators Contest.
  4. Tag @randco in the post and use the hashtags #randcolorcreators and #randco to ensure visibility.
  5. Participants can focus on any products R+COLOR
  6. Video must not include any other haircare lines, even in the background of the video footage, including smocks.
  7. Music/Sound: If videos include sound, participants must ensure that the music or sound is rights-cleared to avoid copyright issues.
  8. Rights Clearance: Participant must ensure they have obtained the necessary rights from all individuals featured in the video or audio. This includes permission from anyone appearing in the content (models, clients etc.).
  9. Content Sharing Consent: By entering the #randcolorcreators contest, you grant R+Co permission to share the content and credit on their official platforms, including social media pages, websites, emails and more. This may include featuring the submission as a runner-up, winner, or in future content opportunities.

To the extent of any conflict between the Instagram or TikTok terms of use and these Official Rules, these Official Rules will apply. All standard Instagram and TikTok accounts are free as of the date of publication of these Official Rules. If you post updates to, or receive updates from Instagram or TikTok via SMS or through the internet from your mobile device, you may incur a charge from your wireless service provider.  Please consult your wireless service provider regarding your pricing plan.

  1. Prizes and Approximate Retail Value (“ARV”): Three (3) winners will be selected. Odds of winning depend on the number of eligible entries received. The ARV for all prize packages is $5,050. Prize package for each winner includes: 

Prizes are not transferable, assignable, or redeemable for cash value. No substitution for a prize by a winner will be allowed. R+Co reserves the right to substitute a prize of comparable or greater value, at its sole discretion.

  1. Winner Selection and Notification: Following the conclusion of the Contest Entry Period, all eligible entries received will be judged by a panel of judges chosen by R+Co. Judging criteria will include: creativity of the video, knowledge of the product, quality of the video, social media engagement, and adherence to these guidelines. All decisions of R+Co and the judges are final and binding. R+Co will not reveal the judging scores for any entry. The final selection of winners is at R+Co’s sole discretion, and R+Co may determine that no entries will be chosen. Judges may reject entries for any reason and are free to consider any and all aspects of the entry, including the entrant, the manner of entry, and the advertising value of the entry.  Without limiting the foregoing, the judges will not accept entries that, in the judges’ opinion, infringe the rights of third parties, portray violence, profanity, or indecent acts, portray R+Co in a negative light, make false statements about R+Co or any person or organization, or are otherwise not appropriate for publication.  Potential winners will be notified by direct message on Instagram or TikTok (depending on the platform of entry) from @randco official Instagram or TikTok account and required to execute and return a W-9 form. If  (a) the potential winner does not respond to the initial notification within seventy-two (72) hours (b) the potential winner does not return all required documentation within the time period stated, (c) the potential winner has conflicting commitments or obligations that would interfere with the potential winner’s ability to complete the documentation or travel required, (d) a notification is returned as undeliverable, (e) the potential winner is unavailable to attend the prize trip to the class in Miami on the date and at the flight times selected by R+Co, or (f) such potential winner is not in compliance with these rules, then the prize will be forfeited and, at R+Co’s discretion, a runner-up will be notified.
  1. Privacy policy/data collection: By entering, you consent to R+Co using the information obtained from the Contest, including any data as described in R+Co’s privacy policy. For more details, please see R+Co’s privacy policy located at: https://www.randco.com/pages/privacy.
  1. General: Void wherever prohibited or restricted by law. All federal, state and local taxes are the sole responsibility of the prize recipient. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All persons, by participating in this Contest and/or submitting a prize claim, agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding. R+Co reserves the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond R+Co’s reasonable control impairs the integrity of the Contest, as determined by R+Co in its sole discretion. False and/or deceptive entries or acts shall render entrant ineligible. Entrant acknowledges and agrees that entrant is solely responsible for obtaining all rights, consents, releases, waivers, clearances, licenses, and permissions with respect to all of the materials and elements contained in entrant’s entry (collectively, “Releases”), including all licenses, permissions, clearances, and consents with respect to the use of third party music and other intellectual property for commercial purposes in any aspect of the entry, and any consents, releases, waivers, or permissions from all persons who appear in or have worked on the entry, including any and all necessary waivers to use the rights of publicity of any person in connection with the entry or as otherwise described herein. R+Co and its parent, subsidiaries, affiliates, advertising and promotional agencies, and their respective officers, directors, affiliates, shareholders, employees, and agents (collectively, “Released Parties”) are not responsible for: human error; technical malfunctions; failures, omissions, interruptions, deletions or defects of any computer equipment, servers, providers, or software, theft, tampering, destruction, or unauthorized access to, or alteration of, comments or prize claims that are late or incorrect or incomplete; any requests which are late, lost, stolen, or misdirected; or any combination thereof. Released Parties are not responsible for any typographical error in the printing of these Official Rules or any advertising or promotional materials, the administration of the Contest or in the announcement of the prizes. By participating in the Contest, participant affirms that he or she has read and accepted these Official Rules.
  1. PUBLICITY GRANT AND LICENSE/USE OF ENTRIES: By submitting an entry, entrant waives all moral rights in and to the entry and entrant hereby grants to R+Co, its partners, vendors, production companies, programming and content distributors, affiliates, assigns, subsidiaries, licenses, and successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicenseable, and transferable license to use, modify, edit, reproduce, distribute, prepare derivative works of, display, and perform all entrant’s entry and all content and elements included therein, including videos, photos, audio, textual content, and other information or material, and the name, user name, city, and state of residence, voice, image and/or likeness of entrant (including, but not limited to, entrant’s profile photo), (collectively “Content”), in any manner, in whole or in part, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever (including any commercial purpose), in any media formats and through any media channels, whether now existing or hereafter created. Entrant agrees that, if required by R+Co, entrant will sign documents to this effect. Released Parties are not responsible for any unauthorized use of entries by third parties. R+Co has no obligation to make use of the rights granted herein. Entrant releases and hold harmless the Released Parties from any and all claims that entrant may have in connection with all Content, including without limitation, R+Co’s use or publication of Content. No use of any Content pursuant to these Official Rules need be submitted to entrant for approval, and R+Co and its parent, subsidiaries, and affiliates, and anyone who receives permission from any of them, will be without liability to entrant for any distortion or illusionary effect resulting from use of Content in accordance with the terms hereof. R+Co may remove Content from publication at any time and for any reason (including without limitation upon receipt of a complaint alleging that Content infringes the rights of a third party), without notice to entrant.
  1. Indemnification and Limitation of Liability. BY ENTERING INTO THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST, INCLUDING FOR ANY FAILURE TO OBTAIN ANY RELEASE, WAIVER, CONSENT, PERMISSION, OR LICENSE, OR FOR ANY FAILURE TO MAKE ANY PROPER OR REQUIRED DISCLAIMERS OR DISCLOSURES, AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO).  R+CO AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZES.

Any and all claims shall be resolved individually, without resort to any form of class action and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased.

This Contest is not sponsored, endorsed or administered by Instagram or TikTok, nor is Instagram or TikTok, associated with the Contest in any way. Any questions, comments or complaints regarding the Contest must be directed to the R+Co and not to Instagram or TikTok.

R+Co’s mailing address is: Rogue & Co., LLC. 331 NW 26th Street, Suite #103, Miami, FL 33127. R+Co’s decisions are final and binding as to all aspects of this Contest.

  

All Rights Reserved. Sept 1, 2024.