SCHWARZKOPF
“HAIR HAPPINESS Test”

SCHEDULE OF DETAILS

This Schedule sets out the details of the Schwarzkopf - Hair Happiness Test Consumer Promotion. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).

Promotion Name

Schwarzkopf - Hair Happiness Test

Game Type

This promotion is a game of skill. Chance plays no part in determining the Winners.

Promoter

Schwarzkopf & Henkel, A division of Henkel Australia Pty Ltd of 135-141 Canterbury Road, Kilsyth, Victoria, 3137. (ABN: 82 001 302 996)

Relevant State(s)

All Australian States and Territories.

Promotion Period

The Promotion starts at 12:00pm AEST, Monday 10 July 2017.

The Promotion closes at 11:59pm AEST, Wednesday 30 August 2017.

Eligible Persons

Subject to the Entry Restrictions (outlined below), an individual is an Eligible Person if they are:

  • aged 18 years or older;
  • an Australian resident.

Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

Entry Process

To enter, Eligible Persons must complete the following steps during the Promotional Period:

  • Visit https://style-studio.com.au/hair-happiness-test
  • Complete the Hair Happiness Test, following the prompts until you reach the final page of the test.
  • On the final page, successfully complete the online entry form to “Win a Hair Happiness package” including, but not limited to, your full name, valid email address and age; then
  • Submit the fully completed entry.

At the end of each week throughout the Promotional Period, the Promoter will select the 5 daily winners for that week.

Entry Restrictions

  • Entry is limited to one (1) per person.
  • Participants must complete the Hair Happiness Test to be eligible to win a daily prize.
  • At the end of each week of the Promotion, during the Promotional Period, only those Participants who successfully completed their Hair Happiness Test and entry submission form will be eligible to win a Prize.
  • Entries must not contain abusive, offensive or hateful imagery or language.
  • The entrant is responsible for having full and ongoing access to their email account.
  • Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. The Promoter will consider entries received final.
  • Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
  • Entrants can only enter the promotion in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the competition and all entries of that entrant, at the discretion of the Promoter, may be deemed invalid.
  • Entries must be submitted in English.
  • Internet and data charges apply and are the responsibility of the entrant.
  • Any offensive, defamatory, misleading, disruptive statements or comments posted on the Promoters Facebook page, Instagram or Twitter feed (or any other social network in connection with the Promoter) in relation to this competition will deem all entries by that entrant invalid. The individual will not be entitled to any prize.
  • Entrants must be willing to have their name, state and response published on the Promoter’s Facebook page, Instagram, Twitter or other publication.

Weekly Prize Draws

All judging will take place at:

Location: 20 Rodborough Road, Frenchs Forest NSW 2086.

Time: (from) 10:00AM (AEST)

Weekly Judging dates: Monday 17, 24, 31 July 2017; Monday 7, 14, 21, 28 August 2017, and Monday 4 September 2017.

Prize Pool

Daily Prizes:

Fifty-six (56) prize winners, once validated by the Promoter, will each receive:

  • A Hair Happiness package valued at up to $30 RRP each, including their Hair Happiness Test product recommendations.

Total prize pool is valued at up to $1,750 (RRP, AUD, Inc. GST).

Notification Winners

Daily winners will be contacted in writing at the end of each week and details will be published online at http://style-studio.com.au/ within five (5) days of Winner selection.

Prize Restrictions

DAILY PRIZES: Prize fulfilment is subject to participants accurately completing their Hair Happiness Test and completing the online entry form. Products subject to availability at the time of fulfilment and if required relevant substitute products may be used.

Unclaimed Prizes

Any unclaimed prizes within 1 month of the final selection date will be deemed forfeited by the Promoter.

>SCHWARZKOPF HAIR HAPPINESS TEST CONSUMER PROMOTION
TERMS AND CONDITIONS OF ENTRY

  1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
  2. The Promoter is Schwarzkopf & Henkel, A Division of Henkel Australia Pty Ltd (ABN: 82 001 302 996) of 135-141 Canterbury Road, Kilsyth, Victoria, 3137.
  3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these Terms and Conditions to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.

ELIGIBILITY TO ENTER

  1. Entry to the promotion is open to residents of the Relevant States/Territories who are Eligible Persons as described in the Schedule and do not fall into the category of persons listed in the Entry Restrictions (if any).
  2. Entrants must be aged 18 years of age or over.

ENTRY

  1. The Promotion will be conducted during the Promotion Period. To enter the promotion, Entrants must complete the Entry Process during the Promotion Period.
  2. Entries may only be submitted in accordance with the Entry Process and will not be accepted by the Promoter in any other form. Computer generated or other automated entries or votes will not be accepted.
  3. All valid entries received during the Promotion Period will be entered in the promotion, and the preliminary voting.
  4. Once submitted, an Entrant cannot alter or delete their name or entry details. Entrants are able remove their entry via emailing consumer.adviceline@au.henkel.com
  5. Entrants may only enter the Promotion once. Entrants who submit multiple entries may be disqualified.
  6. Entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the Entrant.
  7. The cost of accessing the promotional website will be dependent upon the Entrant's Internet Service Provider.
  8. All entries (including photographs) become and remain the property of the Promoter upon submission and will not be returned to Entrants.

ENTRY CONTENT AND VALIDITY

  1. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, Entry Materials includes any material that Entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the promotion.
  2. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
  3. Entries submitted by persons who are not Eligible Persons will be deemed invalid.
  4. If an entry is invalid or if an Entrant is unable or refuses to take part in any element of this promotion, the Promoter reserves the right to discard that Entrant’s entry and proceed as if that Entrant had not entered the Promotion.
  5. If for any reason, the Promoter becomes aware after an Entrant has won a prize that the Entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that Entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that Entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
  6. Entries must be the Entrant’s original work. The Promoter reserves the right to verify, or to require the Entrant to verify, that the entry is the Entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.

CONSENTS AND PERMISSIONS

  1. An Entrant’s entry must not include:
    1. any image of any other person;
    2. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including but not limited to, any content involving nudity or depictions of violence); or
    3. any literary or artistic work or any other item in which copyright subsists, unless the Entrant is entitled to do so. If an Entrant has any doubts about whether they have the right to include any content they must not include it. By including any such content in their entry, the Entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
  1. By entering this Promotion all Entrants:
    1. consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotional activity or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material);
    2. assign all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future;
    3. unconditionally and irrevocably:
      1. consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given; waive all moral rights that arise outside Australia; and agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
      2. waive all moral rights that arise outside Australia; and
      3. agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
    1. warrant to the Promoter that their entry is the original independent creation of the Entrant and free from any claims, including copyright or trade mark claims, by other persons.
  1. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an Entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an Entrant’s entry.

DETERMINING AND NOTIFYING WINNERS

  1. Winners will be announced as specified in the Schedule. The Promoter and the companies and agencies associated with this promotion may also publish the name and State or Territory of the winner on their website(s) and in trade publications.
  2. Entrants must, at the Promoter’s reasonable request, participate in all promotional and editorial activity (such as publicity and photography) surrounding this promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, Entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this promotion, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time. The Entrant also consents to the Promoter submitting for use such broadcast, film, photograph or other recording to the Promoter’s contractors, the Promoter's contractor’s contractors and the Promoter’s agents.

PRIZES - GENERAL

  1. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
  2. Prizes, or any unused portion of prize, are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including, online auctions and private sales. Unused portions of the prize will be forfeited and no compensation will be paid in lieu of any such elements of the prize.
  3. In the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure such within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value.
  4. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
  5. Without limiting the above Terms and Conditions, the Promoter may at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
  6. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
  7. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.

PRIZES

  1. The prizes are specified in the Prize Details. The prizes are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.

CANCELLATION OF COMPETITION

  1. If, for any reason, the promotion is not capable of being run or prizes offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions may include cancellation, termination, modification or suspension of the promotion.
  2. The Promoter may also cancel, suspend or modify the promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action.
  3. If the promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to Entrants arising out of any resultant action taken by the Promoter.

PRIVACY AND INFORMATION

  1. The Promoter may collect the following personal information provided by Entrants when entering or participating in this promotion (including without limitation in their Entry Materials, transactional information, address, phone number, name, age, email address information obtained from any promotion partners, information provided when submitting any questions or queries regarding the promotion) or by Entrants doing anything in connection with this promotion.
  2. The Promoter may use Entrants’ personal information to conduct the promotion, to ask Entrants questions, to contact Entrants about any matter in connection with the Schwarzkopf and Henkel Australia business or the promotion, to contact Entrants if they are a Finalist or Major Prize winner, to conduct research and marketing activities (including to inform Entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering, including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the Entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If Entrants provide their email address or mobile phone number they consent to the Promoter using their email address to email them and/or their mobile telephone number to SMS them for any of the purposes listed above.
  3. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose Entrants' personal information for the above purposes to other companies associated with this promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
  4. The Promoter may engage other persons or organisations (for example, suppliers, prize providers, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Entrants’ personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact Entrants directly. In some circumstances, they may disclose personal information they collected from Entrants to Promoter or one or more of the purposes already mentioned. Promoter will hold and use all personal information it collects from third parties about Entrants for the purposes described in this notice.
  5. The Promoter may also disclose Entrants’ personal information as required by law.
  6. If Entrants do not provide the personal information requested by the Promoter, they may not participate in the promotion (except where the provision of that information is optional). An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter. The Promoter’s Privacy Policy can be viewed at http://www.schwarzkopf.com.au/skau/en/home/datenschutz.html. The Privacy Policy also contains information about how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.

INDEMNITY AND LIABILITY

  1. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this promotion (including entry, collation of Entrant details, prize draw and determination of the winner), advertising of this promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
  2. If requested by the Promoter, any Entrant or winner (and their companion) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this promotion and/or providing the prize prior to undertaking any specified activities forming part of the promotion, acceptance or use of the prize or the prize itself. If any Entrant, winner or nominated companion does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant Entrant’s or winner’s entry or claim will be deemed invalid.
  3. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
  4. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the promotion, the entry process, the prize, determination of the winner and advertising of the promotion.

GENERAL TERMS AND CONDITIONS

  1. The Promoter reserves the right in its sole discretion to verify the validity of entries, Entrants and Voters, and to disqualify any Entrant (or voter) who tampers with the entry (or voting process), or who submits an entry/vote which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  2. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  3. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the promotion.
  4. The Promoter may at its absolute discretion prohibit an Entrant’s participation in this promotion, cancel or suspend a prize or cease to provide any prize to a winner if the Entrant or winner or any companion is, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
  5. The Promoter's decisions in connection with the promotion are final and no correspondence will be entered into.
  6. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
  7. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
  8. The Promoter may require the winner to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
  9. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any Entrant (or invalidate his/her entry and/or selected votes) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit or solicit votes contrary to these Terms and Conditions.