1. AGREEMENT TO RULES.
The "Color Outside the Lines 2020" Contest (the "Promotion") is sponsored and administered by John Paul Mitchell Systems ("JPMS") 20705 Centre Pointe Parkway Santa Clarita, California 91350. Participating in the Promotion in any way constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules (the "Rules") and the decisions of JPMS, which are FINAL AND BINDING in all respects. RULES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Receiving a prize is contingent upon fulfilling all requirements set forth herein. The recipients of the prizes are selected from eligible entries on the basis of skill as determined by JPMS whose decisions are final.
By participating in the Promotion in any way (including submission of any entry or the partial completion of any act of entry or any other step taken to participate in the Promotion in any manner), you will become an "Entrant" and such participation constitutes your full and unconditional agreement to these Rules and the decisions by JPMS with respect thereto; provided that you are free to disclaim in a written notice delivered to JPMS, at the time that you would otherwise become an Entrant, your eligibility for any Prize and your status as Entrant, in which case you will not be eligible to receive any Prize and you will not be deemed a Entrant. All decisions related to, as well as all interpretation of, these Rules by JPMS and its authorized representatives are final and binding. Nothing in these Rules shall affect or modify the terms of any Franchise Agreement between you and JPMS.
2. PROMOTION PERIOD.
The Promotion begins on April 1, 2020 at 12:00:00 am PDT and ends at 11:59:59 pm PDT on May 15, 2020 (the "Promotion Period").
The Promotion is open to (i) legal residents of the 50 United States and the District of Columbia, who have reached the age of majority in their state or territory of residence at time of entry and with internet access and a valid Instagram account; and (ii) legal residents of Canada (excluding Quebec) who have reached the age of majority in their Province or Territory of residence at time of entry and with internet access and a valid Instagram account. Void in Puerto Rico and where prohibited by law.
Employees, agents or officers of JPMS or any entity involved in the development, production, implementation and distribution of the Promotion, including any advertising or promotion agency, supplier of prizes for the Promotion, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Promotion or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Promotion. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Rules. JPMS may, in its sole discretion, disqualify any Entrant it finds to be in violation of these Rules.
4. How to Participate.
During the Promotion Period, you will automatically become an Entrant eligible for a relevant Prize by posting an image on Instagram with @paulmitchellpro tagged, and with the #ColorOutsidetheLines hashtag and the corresponding hashtag for the category you are entering, along with fully completed Required Documents (defined below) (each an "Entry"). The Promotion categories (each a "Category") are listed below with the corresponding hashtag.
Category | Hashtag | Category Requirements
Best Creative Color #PMPOP: Subject to eligibility requirements, this Category is open to all eligible Entrants.
Best In Blonding #PMBLOND: Subject to eligibility requirements, this Category is open to all eligible Entrants. Entries for this category must include before and after images of the model or doll head.
Best Educator #IAMPM: Subject to eligibility requirements, this Category is only open to individuals who are licensed Cosmetologist or Barbers and are current Educators for John Paul Mitchell Systems.
All contest and Category hashtags must be in the caption of the post (not in the comment). You may only use Paul Mitchell® Professional Hair Color and lightener products to achieve your final look. If the image has been retouched, please include the unretouched photo with your submission. Each Entry must consist of one hairdresser and one model. Due to the COVID-19 outbreak and the related social distancing policies, Entrants may use dolls as models. Only the hairdresser whose name is associated with the Instagram account linked to the specific Entry can cut the hair, style the hair and receive the award. No extensions, wigs or hair pieces permitted. No full-body pictures. Images must show from the waist up only. All model and stylist participants must be 18 years of age or older, unless the model is a doll. Color photos only; black-and-white images will not be considered. No Polaroids. Entry photos that have been previously published cannot be considered. Photo rights of all Entries are reserved for JPMS. Upon completion of the Promotion, all images may be used by both JPMS and the Entrant. Any failure to comply with these Rules will render an Entrant liable for disqualification. It is the Entrant's responsibility to perform a patch test prior to a hair color service.
You may enter as many pictures as you'd like for any or all categories, if eligible. By entering, Entrants agree to be bound by the decisions of the judges and these Rules and to comply with all federal, state, and local laws and regulations. JPMS, and those working for or on behalf of JPMS, will not be responsible for lost, late, misdirected, damaged, or postage due mail or email, or for internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Rules are also void. Entries will be void if JPMS deems it to be patently offensive or with profanity, violence or nudity, or which, in the judgment of its attorneys, might subject JPMS or its licensees to unfavorable regulatory action, violate any law, infringe the rights of any person, or subject JPMS or its licensees to liability for any reason.
Important Notice: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your carrier. Please consult your wireless service provider regarding your pricing plan. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill.
JPMS will award one Prize (defined below) for each Category as determined in accordance with Paragraph 6 below (3 total Prizes are awarded). Each "Prize" consists of:
- Color Outside the Lines trophy.
- $1,500 Cash.
- $1,500 in Paul Mitchell® products and tools of the Prize recipient's choosing.
- Blog post, social media coverage or feature on a JPMS Instagram account or PMPRO.com, or an e-blast message from an JPMS-affiliate account.
- Feature in "JPMS New and Now."
Approximate Retail Value ("ARV") of each Prize is $3,100. The total ARV for the Prizes is $9,300. All Prizes will be in United States Dollars, and will be awarded to Canadian Entrants in the same currency.
Prize Restrictions. Actual value of Prize may vary. All additional costs, including, without limitation, your wireless service provider fees, fees, taxes, and other personal charges not specifically described as part of the Prize above are not included in the Prize. No compensation or substitution will be provided for any difference in Prize value. JPMS is in no way responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party. All Prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable, or available for resale. Prizes have no cash surrender value, except where required by law. JPMS has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Prize. This includes, without limitation, any warranty, representation, or guarantee related to any Prize's quality or fitness for a particular purpose. Prizes are subject to availability and JPMS may substitute a similar package (or a cash payment) of equal or greater value if the Prize is not available for any reason, as determined in JPMS's sole discretion. Substitution options are available where required by law. Federal, state, and local taxes and all other costs and expenses associated with acceptance, and use of any Prize, are the recipients' sole responsibility. If the recipients elect not to partake in any portion of the Prize, any remainder of the Prize that is unused will be forfeited and will not be subject to further or additional compensation. The recipients must have no restrictions on the ability to fully participate in the Prize. If any event or component of any Prize is cancelled or otherwise does not occur for any reason whatsoever, the portion of the Prize associated with that event or component thereof will not be awarded, and any Prize or value already awarded in connection with that event will be forfeited and no additional compensation will be provided to the recipients unless otherwise required by law. If any event or component of any Prize is rescheduled or postponed, the portion of the Prize associated with that event or component thereof will be awarded for the rescheduled date. Any details concerning Prizes not specified above will be determined by JPMS in its sole discretion.
6. PRIZE recipient Determination and Verification.
On or around June 1, 2020, or within a reasonable time after the end of the Promotion Period, JPMS will select a Prize recipient from each Category from all of the eligible Entries using the blind judging procedures described below. All Entries will be reviewed by a panel (the "Judging Panel") which will include members of JPMS's Team. The Judging Panel will review the Entries according to the criteria below to determine its score (the "Judges' Score"):
- Color and Blending: 70%
- Creativity, Originality, Style and Presentation: 30%
(Collectively, the "Judging Criteria").
Each Entry will receive a Judges' Score, expressed in the number of points out of a maximum possible of 100, on each of the 3 parts of the Judging Criteria. The Judges' Scores from each member of the Judging Panel will be added together for a total number of points awarded to the Entry. The Entry with the highest score in each Category as determined by the most points awarded based on the Judging Criteria, in the sole discretion of the Judging Panel, will be the eligible recipient of a Prize. If two or more Entries receive the highest Judges' Score in a given Category, the recipient of the Prize for that Category will be randomly selected from those Entries.
Potential recipients of Prizes are each subject to eligibility verification, on an ongoing basis, by JPMS, whose decisions are final and binding. An Entrant is not a recipient of any Prize, even if notified of being a recipient and/or issued any item of value, unless and until Entrant's eligibility has been, and continues to be verified to the satisfaction of JPMS.
To be verified as eligible to receive a Prize, each potential recipient must fulfill all requirements and continue to comply with all terms and conditions of these Rules, and not be disqualified for any reason. Each potential recipient will be notified by email or message to the potential recipient's Instagram account (subject to JPMS's discretion). If a potential recipient of any Prize cannot be contacted using the information provided, or fails to respond to JPMS's attempt to notify them of selection within 5 days; if any Prize or notification is returned as undeliverable or yields an error or undeliverable type "bounce back" email (regardless if the message is ultimately delivered to the potential recipient); if the potential recipient fails to sign and return the Release or any other required documentation or fails to comply with these Rules; if a potential recipient is unable or unwilling to accept the Prize (or any portion) as stated; or if the potential recipient cannot be verified as eligible for any reason at any time before, during, or after the Promotion Period, the potential recipient shall, at JPMS's sole discretion, be disqualified and/or forfeit the Prize.
Where legal, the recipients of a Prize shall be required to submit, without alteration and in the form provided by JPMS, properly completed, signed, and notarized (if needed): (i) Affidavit of Eligibility, a Liability Release and Copyright Ownership Agreement, (ii) U.S. Department of the Treasury Internal Revenue Service Form W-9; and (iii) a Publicity Release (available here) (the "Required Documents"), within the required time period communicated in the Release to be eligible to receive any Prize. The recipients may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the actual value of the Prize provided by JPMS. The Prize recipient will also be required to send a copy of their passport, driver's license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification.
If any potential recipient of a Prize is disqualified, not eligible, or for any other reason cannot accept the Prize as stated, then JPMS will select a recipient from the remaining pool of eligible Entrants.
7. JPMS RIGHT TO USE YOUR WORK AND INFORMATION ABOUT YOU.
(a) Entries and other submitted material become the property of JPMS and will not be acknowledged or returned. By submitting an Entry: You irrevocably assign to JPMS all right, title, and interest in your Entry (including, without limitation, the worldwide copyright) in any and all media of advertising or publicity whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade with or without compensation or credit.
(b) By submitting an Entry, you grant to JPMS and its affiliated companies the right, except where prohibited by law, to use your name, e-mail address contained in the Entry, Instagram account and username, and written or oral statements, for advertising and promotional purposes in promoting or publicizing JPMS and its products or services, without compensation unless additional compensation beyond the right to participate in the Promotion is specifically required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, e-mail address, biographical information, or Entry. The rights granted under this paragraph shall extend to JPMS and its affiliated companies and assigns with respect to all Entrants in the Promotion, including those Entrants who are selected as the Prize recipient and those Entrants who are not selected as the Prize recipients. JPMS is under no obligation to use the winning Entry for any purpose.
(c) The information that you provide in connection with the Promotion may be used for JPMS's internal purposes and to send you information about JPMS and its affiliates, but will not be provided to third parties without your consent, except as necessary for the administration of the Promotion or as required by law or legal process. If you would like your name removed from JPMS's mailing lists or if you do not wish to receive JPMS emails, write to JPMS at 1888 Century Park East, #1600, Los Angeles, CA 90067.
8. ISSUES OF LAW.
All Federal, state, provincial, and local laws and regulations are applicable. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE PROMOTION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. The Promotion is void where restricted or prohibited by law.
9. YOUR RELEASE OF JPMS FROM ANY AND ALL LIABILITY.
By entering or participating in any way in this Promotion or receiving any Prize, each Entrant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge Instagram, JPMS and their respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, and advertising, marketing, public relations, and promotional/fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any loss, damage, injury, claim, or cause of action related in any way whatsoever to this Promotion, these Rules, or the rights, consents and licenses granted to JPMS under these Rules, including, without limitation, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant's participation in the Promotion or receipt or use, non-use or misuse of any Prize. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.)
Entrants waive any right to claim ambiguity in these Rules. The Released Parties are not responsible for: (i) technical failures of any kind; (ii) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (iii) unauthorized human intervention in any part of the submission process or the Promotion; (iv) technical or human error that may occur in the administration of the Promotion, the processing of Entries or the announcement of the recipient and Prize; (v) any injury, illness or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by Entrant's participation in the Promotion; (vi) the receipt, use or misuse of any Prize; or (vii) any other errors in any materials, information or announcements associated with the Promotion. If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted by JPMS, Entrant's sole remedy is another Entry in the Promotion, subject to availability and provided that the Promotion Period has not then expired.
EACH ENTRANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE, TERRITORY OR PROVINCE OF THE UNITED STATES OR CANADA), WHICH READS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." EACH ENTRANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
10. RIGHT TO MODIFY OR CANCEL.
The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. JPMS's failure to enforce any provision of these Rules does not constitute a waiver of that provision.
JPMS may cancel, suspend and/or modify the Promotion or any part of it, in any way, if JPMS determines in its sole discretion that the Promotion is not capable of executing as JPMS intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond JPMS's reasonable control, impairs or may impair JPMS's ability to properly conduct the Promotion, subject to any applicable law or regulation. In such event, JPMS may, but is not obligated to, award any applicable Prize(s) in accordance with Paragraph 6 above from only the eligible Entries received up to the time of the cancellation, suspension, or modification of the Promotion.
In the event of an inconsistency between these Rules and any disclosure or other statement contained in any Promotion-related materials, including, without limitation, a Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Rules will prevail and govern.
11. HOW TO GET MORE INFORMATION.
(a) To obtain a list of Prize recipients, write to the Color Outside the Lines 2020 c/o 1888 Century Park East, #1600, Los Angeles, CA 90067. The sponsor of this Promotion is JPMS. Questions regarding the Promotion can be directed by mail to Color Outside the Lines c/o 1888 Century Park East, #1600, Los Angeles, CA 90067.
(b) Copies of these Rules may be obtained by sending a self-addressed, stamped envelope to the Color Outside the Lines 2020 c/o 1888 Century Park East, #1600, Los Angeles, CA 90067. (WA and VT residents may omit return postage.) Requests for Rules must be received by May 15, 2020.
12. NO SPONSORSHIP.
This Promotion is in no way sponsored, endorsed or administered by, or in association with Instagram, Hairbrained or any other service providers or entities. You understand that you are providing your information to JPMS and not to Instagram.