John Frieda®

John Frieda® Root Awakening® Video Blogger Experience

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Eligibility: John Frieda® Root Awakening® Video Blogger Experience (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who are video bloggers invited to participate by Sponsor. Entrant must not have accepted compensation, cash or otherwise, for endorsing any hair care product competitive with the Root Awakening® products provided in the engagement package in the last twelve (12) months. Employees of Kao Brands Company, Enlighten Inc., ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of such employees are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
  2. Sponsor: Kao Brands Company, 2535 Spring Grove Avenue, Cincinnati, OH 45214.
    Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
  3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Receiving an engagement package or winning the prize is contingent upon fulfilling all requirements set forth herein.
  4. Timing: The Contest begins on May 28, 2010 at 12:00 a.m. Eastern Time ("ET"), ends on September 1, 2010 at 11:59 p.m. ET (the "Contest Period") and consists of four (4) phases as set forth in the chart below. The application phase ("Application Phase") begins May 28, 2010 at 12:00 a.m. ET and ends June 11, 2010 at 11:59 p.m. ET. The submission phases ("Submission Phase 1" and "Submission Phase 2," and collectively, the "Submission Phases") begin May 28, 2010 at 12:00 a.m. ET and Submission Phase 1 ends June 18, 2010 at 11:59 p.m. ET, and Submission Phase 2 ends July 19, 2010 at 11:59 p.m. ET.

    Phase Start Date (at 12:00 a.m. ET) End Date (at 11:59 p.m. ET)
    Application Phase 5/28/10 6/11/10
    Submission Phase 1 5/28/10 6/18/10
    Submission Phase 2 5/28/10 7/19/10
    Judging 7/20/10 9/1/10
    Sponsor's computer is the official time-keeping device for the Contest.
  5. How to Enter: During the Application Phase, if you receive an email invitation from Sponsor to participate, visit http://johnfrieda.com/misc/RABlogger/ and follow the links and instructions to complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. If you complete the registration and are eligible to participate, Enlighten, Inc. will send you an engagement package, consisting of a line-up of Root Awakening® products from our Strength Restoring™ collection: shampoo and conditioner, Strength Boosting® Leave in Spray, as well as three (3) new styling products (gel, styling lotion, and hair spray); Conair® tools, including a dryer and styling irons for both straightening and curling; within approximately one (1) week after you register. Use the contents of your engagement package to sample the John Frieda® products and create videos based on your experiences, tips and feedback. Over the course of the campaign, please be sure to use the Root Awakening® products for a minimum of seven (7) days to see the best results.

    During the Submission Phases, visit www.YouTube.com ("YouTube") and follow the directions to upload the following: at least one (1) video on or before June 18, 2010, during Submission Phase 1, and at least two (2) other videos on or before July 19, 2010, during Submission Phase 2, of your experiences with the John Frieda® products, each video hereafter referred to as a submission ("Submission," collectively "Submissions"). See Mandatory Video Content section for video topics. You must create a YouTube account and post Submissions there. Your Submissions may also live on your own individual blog/website, for your established followers. Submissions must comply with all YouTube format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules. Please note: You must be a Registered User of the YouTube site to enter. To become a Registered User of YouTube, you must register for an account and agree to YouTube's "Terms of Service" set forth at http://www.youtube.com/t/terms ("Terms of Service") and the YouTube Privacy Policy, located at http://www.youtube.com/t/privacy. Registration on YouTube must be completed before a Video Submission can be submitted. Creating a YouTube account is free. Posting of a Submission does not necessarily mean that entrant is in compliance with these Official Rules. The Contest Entities are not affiliated with www.youtube.com or YouTube. YouTube is not a sponsor of this Contest.

    By uploading each of your Submissions, you agree that your Submission conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and YouTube's format and size requirements and that Sponsor, in its sole discretion, may remove your Submission from consideration in the Contest and/or disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions or YouTube's Terms of Service. You further understand that YouTube may terminate your account at any time, in its sole discretion, for violation of the YouTube Terms of Service.

    Video Guidelines:

    • Each Submission must be in Flash Video FLV, Mobile .3GP, .MPEG, MP4, .MKV, QuickTime .MOV, Windows .AVI, or Windows .WMV format;
    • Each Submission must be at least thirty (30) seconds in length;
    • Each Submission must not exceed ten (10) minutes in length;
    • Each Submission must not exceed thirty (30) MB in size;
    • The total length of all of your Submissions must not exceed thirty (30) minutes;
    • Each Submission should be compressed for the web to 1280 x 720 (16 x 9 HD), 640 x 480 or 480 x 324; and
    • Each Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.

    Mandatory Video Content:

    • Communicating use of Root Awakening® line (Shampoo, Conditioner, and Leave in Spray) through discussing hair strength and manageability;
    • Communicating information concerning a special sample offer by directing viewers to www.johnfrieda.com/videobloggersample. Mention verbatim that the special sample offer is available starting June 22nd, 2010, while supplies last;
    • How to achieve looks at home using Root Awakening® products (styles, tips, before & after images); and
    • How to solve hair issues and how Root Awakening® products are a part of entrant's solution (experiential).

    Content Restrictions:

    • Submissions must be in English;
    • Submissions must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity, trademark or other intellectual property rights, or that constitutes copyright infringement;
    • The Submission must not disparage Sponsor, Administrator or any other person or party, whether affiliated with the Contest or not;
    • Submissions must not contain brand names or trademarks other than those owned by Sponsor, including the John Frieda® brand and Root Awakening® brand, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
    • Submissions must not contain images or artwork not created by entrant;
    • Submissions must not contain profanity, pornographic, vulgar or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, bigotry, harm against any group or individual, or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age), content that promotes violence or harm to another living creature, or any other threatening, abusive, tortious, defamatory, slanderous, libelous, indecent, offensive, obscene, or inappropriate content;
    • Submissions must not promote a political agenda regardless of the political affiliation;
    • Submissions must not advertise, market, promote or endorse any specific services or products other than the John Frieda® line of products; and
    • Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created or that suggests or encourages conduct which constitutes a state or federal offense or gives rise to civil liability or otherwise violates any state or federal law.

    Limit: Each entrant may upload one (1) Submission per day during the Submission Phases, up to the stated limit. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. Sponsor reserves the right to use any or all Submissions, entrant's name and photo, on John Frieda® web properties and display advertising and the content created for this program becomes the property of the Sponsor. Entrant further grants YouTube all rights in the Submission as set forth in the YouTube Terms of Service. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. Submissions will not be returned to entrants.

    In addition, by entering, each entrant warrants and represents that her/his participation in the Contest does not conflict with any existing commitment on entrant's part or violate any third-party rights and/or agreements (including any employment agreements). Entrant must not have accepted compensation, cash or otherwise, for endorsing any hair care product competitive with the Root Awakening® products provided in the engagement package in the last twelve (12) months.

    In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules and the YouTube Terms of Service. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

    DISCLOSURE: By accepting delivery, at no cost from Sponsor, of the John Frieda® Root Awakening® samples and Conair® tools, you agree to comply with the requirements of the FEDERAL TRADE COMMISSION "Guides Concerning the Use of Endorsements and Testimonials in Advertising" (16 CFR Part 255) (the "Guides"), located at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf. As required by the Guides, you agree to clearly and conspicuously disclose in each Submission and in any copy where you discuss or link to your Submission(s) that you received products and other gifts from Sponsor for free and that you have created this video for entry in Sponsor's Contest. This disclosure should be made in close proximity to any statements you make about Sponsor and/or its products or services. Examples of proper disclosures include: (1) "Kao Brands Company provided these products and other gifts to me for free so I could review the products as part of the John Frieda® Root Awakening® Video Blogger Experience;" (2) "Kao Brands Company gave me free products and gifts which I used to help make this Video that I have entered in the John Frieda® Root Awakening® Video Blogger Experience"; and (3)"This review is sponsored by Kao Brands Company."

    If you do not include such disclosure statements, Sponsor reserves the right to remove your Submission(s) from its YouTube channel and from consideration in the Contest and/or disqualify you and/or your Submission from the Contest, and you agree to remove any Submission lacking proper disclosure from YouTube and any other website(s). By participating in this Contest, you hereby agree to include these disclosures in your Submission and that you will immediately remove any Submissions from YouTube and/or any other website if Sponsor asks you to remove it.

    ENTRY TERMS: By entering, and as part of the Official Rules, entrants agree to comply with YouTube's Terms of Service (http://www.youtube.com/t/terms) and Privacy Policy (www.youtube.com/t/privacy). By entering, entrant warrants that her or his idea(s), and Submission(s), and all elements thereof satisfy the Terms and Conditions of YouTube's Terms of Use, including, without limitation, warranting that the Submission(s) in this Contest:

    • Is the original work of the entrant;
    • Is honest and authentic;
    • Has not previously been published or won an award or prize of any kind;
    • Does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
    • Is not subject to any third-party agreements, and that the Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition, or exploitation of the idea or video or elements therein;
    • Does not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of Sponsor; and
    • Does not, and the production of the Submission did not, violate any applicable laws, rules, regulations or ordinances.

    By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who helped create the Submission. If the Contest Entities determine in their sole discretion that an entrant has breached a representation or warranty, entrant will be disqualified.

  6. Winner Determination: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the one (1) entrant with the highest-scoring Submission from among all eligible Submissions based on the following criteria ("Judging Criteria"):
    • Creativity (20%);
    • Entrant's Personality and Presence (20%); and
    • Strength of Communication of Product Benefit, including 7-Day usage experience, and directing viewers to special sample offer (35%)
    • Effort (the number and quality of relevant videos submitted) (25%).

    In the event of a tie, the entrant whose Submission received the highest score for Strength of Communication of Product Benefit, as determined by the qualified judges, in their sole discretion, will be deemed the potential Grand Prize winner.

  7. Winner Requirements: Potential winner will be notified by email, mail or phone on or around September 7, 2010. The potential Grand Prize winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") and any other documentation that maybe required by the Sponsor, which must be received by Administrator within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits the prize. If the potential winner is disqualified for any reason, including, but not limited to, failure to meet the eligibility requirements of the Contest, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, image, photograph, statements, Submissions and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submissions and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submissions for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submissions and that Sponsor in its sole discretion shall have the right to refrain from using the Submissions. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
  8. Prize: ONE (1) GRAND PRIZE: The prize has two (2) parts: a media tour and a trip to New York, NY for a professional video shoot.

    Media Tour: The opportunity to travel to up to five (5) locations for television appearances, before February 1, 2011. Each trip will include roundtrip, coach-class air transportation for one (1) from a major airport near winner's home (determined by Sponsor in its sole discretion) to the relevant city; one (1) night's accommodations at a hotel determined by Sponsor in its sole discretion (single room); ground transportation between airport and hotel; and $100.00 stipend for meals. Sponsor reserves the right to schedule trips on five (5) separate dates or to combine locations into one (1) or more trips. Winner must complete the trip(s) on the dates specified by Sponsor or prize will be forfeited.

    Video Shoot Trip: A trip for two (2) to New York, NY, including roundtrip, coach-class air transportation for two (2) from a major airport near winner's home (determined by Sponsor in its sole discretion) to New York, NY; two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); ground transportation between airport and hotel; the opportunity to work with a video company to produce a professional video; the chance to tour a John Frieda® salon and meet a John Frieda® salon expert; and $1,000 spending money. Sponsor may also record "behind the scenes" footage of winner's preparation and performance during the production of the professional video ("B-Roll Footage"). Sponsor and its successors, assigns, licensees and designees shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit the professional video or B-Roll Footage (or any part thereof) for advertising and promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit in any manner the professional video and B-Roll Footage (or any part thereof) or information or ideas contained within the provisional video or B-Roll Footage. Without limiting the foregoing, one such use may include posting of some or all of the professional video and/or B-Roll Footage on Sponsors' or its designee's websites. Winner must complete the trip within one (1) year from the date on which he or she was confirmed as a winner or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Trip is subject to availability, accommodation restrictions and blackout dates.

    For Both Prize Components: Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, airline fees, service charges or facility charges, personal charges at lodging, gratuities, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if stylist visit, video shoot, TV appearance or any other scheduled event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Approximate Retail Value: $30,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the prize or any part thereof for an alternate of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

  9. Release: By receipt of the prize, winner agrees to release and hold harmless the Sponsor, Enlighten, Inc., Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, 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 claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize or any content of engagement package.
  10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, viruses , corruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prize or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; (6) inability to access the YouTube website, for problems uploading or downloading any Contest-related materials from the website, for late, lost, damaged misdirected, incorrect or incomplete entry; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any engagement package or prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
  12. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any engagement package or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
  13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy-policy and Sponsor's Privacy Policy http://www.kaobrands.com/privacy_policy.asp.
  14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than January 7, 2011. For the Winner List, send an email with subject line: "John Frieda® Root Awakening® Video Blogger Experience, Winner List Request," to WinListRequests@eprizefulfillment.com or send a self-addressed, stamped envelope to: Enlighten Win List Request, c/o: Alison Fayz, 3027 Miller Rd., Ann Arbor, MI 48103.

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