1. GIVEAWAY PERIOD:
The John Frieda® x 4ocean Earth Day Giveaway(the “Giveaway”) begins at 12:00 PM, EST on April 14, 2023 and ends at 11:59 PM, EST on April 21, 2023 (the “Giveaway Period”).
Giveaway is open to residents of Canada, excluding Quebec, only who are eighteen (18) years of age or older as of December 2, 2022; except officers, directors, employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Kao Canada Inc. (the “Sponsor”), and any of their parent companies, subsidiaries, affiliates, prize suppliers, advertising/Giveaway agencies, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Giveaway (collectively, the “Giveaway Parties”).
3. THE PRIZES:
There are (4) prize packs to be awarded. One confirmed winner will receive the John Frieda Deep Sea Hydration Collection, including Deep Sea Hydration Moisturizing Shampoo 250ml, Deep Sea Hydration Moisturizing Conditioner 250ml, and Deep Sea Hydration Moisturizing Masque 250ml, and a 4Ocean Plastic Free Start Set, including 12-pack of 4ocean Biodegradable Sponges, 4Ocean reusable shopping bag, 4ocean x To-Go Ware Bamboo Utensil Set, 4ocean Reusable Stainless Steel Cup 4-Pack, and 2-pack of 4ocean Reusable Face Masks (“First Prize”). Approximate retail value of the First Prize is $114.00 (plus tax). Three (3) confirmed winners will receive the John Frieda Deep Sea Hydration Collection, including Deep Sea Hydration Moisturizing Shampoo 250ml, Deep Sea Hydration Moisturizing Conditioner 250ml, and Deep Sea Hydration Moisturizing Masque 250ml (“Second Prize”). Approximate retail value of the Second Prize is $46.97 (plus tax).
The prizes must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize, or a component thereof, with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.
4. PRIZE DELIVERY. Confirmed winner will be sent Prize within 1-2 weeks of receipt of the Declaration & Release document described below. Sponsor is not responsible if the Prize cannot be delivered due to an incorrect mailing address or for lost or misdirected requests.
5. HOW TO ENTER: NO PURCHASE NECESSARY.
On April 14, 2023, beginning at 12:00 PM EST, participants can enter via Instagram as follows:
(i) visit the John Frieda Canada Instagram page @johnfriedaca;
(ii) follow @johnfriedaca;
(iii) like the brand post announcing the Giveaway (“Giveaway Post”);
(iv) Comment on the Giveaway Post by telling us what Earth Day means to you and tag an eco-loving friend (someone with whom you have a personal relationship) (“Comment”).
An eligible entrant will receive one (1) entry (the “Entry”) when they post their Comment to Instagram in accordance with these Official Giveaway Rules (the “Rules”), as determined by the Sponsor at its sole and absolute discretion.
To participate in this Giveaway, an entrant must have a valid and public Instagram account (“Account”). If you do not have an Account, visit www.instagram.com and register in accordance with the enrollment instructions. Standard text messaging and/or data rates may apply to entrants who submit an Entry via a wireless mobile device.
6. LIMITS AND VERIFICATION: There is a limit of one (1) Entry per person permitted during the Entry Period regardless of the platform of entry. If it is discovered that any person has attempted to: (i) submit more than one (1) Entry during each Entry Period; (ii) obtain more than one (1) Entry; and/or (iii) use (or attempt to use) multiple names, identities, email addresses and/or more than one (1) Account to enter the Giveaway; then (in the sole and absolute discretion of the Sponsor) they may be disqualified from the Giveaway and all of their Entries voided. Use (or attempted use) of multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Giveaway is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
All Entries are subject to verification by the Sponsor or Administrator at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Giveaway; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry for the purposes of this Giveaway; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Giveaway in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification, in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Giveaway will be the Giveaway server machine(s).
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ANY PERSON/FOLLOWER BE PERMITTED TO OBTAIN MORE THAN THE MAXIMUM NUMBER OF ENTRIES AS STATED IN THESE RULES.
7. THE PRIZE DRAW:
To select the potential four (4) Prize winners, Administrator will conduct one (1) random drawing in Toronto, Ontario, on or about April 27, 2023, from among all eligible Entries received during the Giveaway Period. The first Entry drawn will be designated the potential First Prize winner. The second, third and forth Entries drawn will be designed the potential Second Prize winners. The odds of winning the prize will depend on the number of eligible Entries received in accordance with these Rules (as determined by the Sponsor at its sole and absolute discretion).
Sponsor or its designated representative(s) will notify the potential prize winners by direct message (“Winner Notification”) and request a response, which includes a valid email address, within two business days of the draw. In the event that the potential prize winners cannot be contacted for any reason or fails to respond to the Winner Notification within two business days, or in the event that a potential prize winner does not otherwise comply with these Rules, then that potential prize winner will be disqualified (and will forfeit all rights to the prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate potential prize winner by random draw from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to the new potential prize winner, with the necessary amendments).
BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, each potential prize winner will be required to: (a) correctly answer, without mechanical or other aid, a time-limited mathematical skill-testing question to be administered, at the election of the Sponsor, either by telephone or e-mail, at a mutually convenient time, or via the required declaration and release form; and (b) sign and return, within the timeframe specified by the Sponsor (or its designated representative), the Sponsor’s declaration and release form (“Declaration & Release”), which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the prize as awarded; (iii) releases Releasees from any and all liability in connection with this Giveaway, their participation therein and/or the awarding and use/misuse of the prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of their name, address, voice, statements about the Giveaway and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. In the event that a potential winner is below the age of majority in his or her jurisdiction of residence, Sponsor may require the potential winner’s parent or legal guardian to ratify the potential winner’s release form. If the potential prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to sign and return the Giveaway documents as aforesaid; and/or (c) cannot accept the prize for any reason; then they will be disqualified (and will forfeit all rights to the prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate potential prize winner by random draw from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to the new potential prize winner, with the necessary amendments).
8. LICENSE, WAIVER, AND RELEASE:
By entering the Giveaway and submitting an Entry, each entrant: (i) without limiting the Instagram Terms of Service, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use their Entry, in whole or in part, for advertising or promoting the Giveaway or for any other reason; (ii) waives all moral rights in and to their Entry in favour of the Sponsor; and (iii) agrees to release and hold harmless the Giveaway Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and 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 that relate in any way to the Entry. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the Giveaway, to modify, edit or disqualify any Entry if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry (and corresponding Entry) and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry (and corresponding Entry) and/or the associated entrant. Entries will NOT be judged.
9. GENERAL CONDITIONS:
By participating in this Giveaway, participants acknowledge compliance with, and agree to be legally bound by, these Rules, including eligibility requirements. In addition, each participant releases and holds harmless the Releasees from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims and demands (including legal fees and expenses) of any type whatsoever, including but not limited to claims based on negligence, breach of contract and fundamental breach and liability for physical injury, death, or property damage which the participant or their administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the participant’s participation in the Giveaway and/or in connection with the acceptance and/or exercise by the participant of the prizes and from and against any and all liability with respect to or in any way arising from the Giveaway and any prize(s), including liability for personal injury or damage to property. This Giveaway is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor (or, where instructed accordingly, the Sponsor’s designated representative) with respect to all aspects of this Giveaway are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants, Entries or Entries. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Releasees will not be liable for: (i) any technical malfunction or other problems relating to any telephone network, handset, equipment or lines, computer online systems, servers, access providers, computer equipment, social media platforms or software; (ii) the failure of any Entry or Entry or other information to be received, captured or recorded for any reason whatsoever; and/or (iii) any combination of the above.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right to deem the Entry to have been submitted by the authorized account holder of Account used to submit the applicable Entry. “Authorized account holder” is defined as the person who is assigned the Account by Instagram (on the basis of its records). An entrant may be required to provide proof (in a form acceptable to the Sponsor) that they is the authorized account holder of the Account used to submit the applicable Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Giveaway (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical or other failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Giveaway as contemplated by these Rules. Any attempt to undermine the legitimate operation of this Giveaway in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Giveaway, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
10. CONSENT TO USE PERSONAL INFORMATION:
11. Neither Instagram, LLC nor Facebook Inc. is a sponsor of or in any way affiliated with this Giveaway. Entrants acknowledge that the Giveaway is in no way sponsored, endorsed or administered by Instagram and/or Facebook; will direct any questions, comments or complaints regarding the Giveaway to the Sponsor, not to Instagram or Facebook; and release Instagram and Facebook and their associated companies from all liability arising in respect of the Giveaway.