TERMS AND CONDITIONS (“TERMS AND CONDITIONS”)
‘SUNSILK: HAIR DARE COMPETITION’
VIA AN APPLICATION ON THE FACEBOOK PLATFORM
Please review the Terms and Conditions carefully. If you agree to be bound by all of the Terms and Conditions set forth below, click the box to accept Terms and Conditions. If you do not agree to be bound by all of the Terms and Conditions set forth below, you will not be entered to participate in the ‘Sunsilk: Hair Dare Competition’ (the “Competition”).
THE COMPETITION IS SPONSORED BY UNILEVER MASHREQ(“UNILEVER”) AS FURTHER DETAILED BELOW IN CLAUSE 7.
The term “Participant” refers to all participants in, and users of, the Competition. The term “Application” refers to the ‘Sunsilk: Hair Dare Competition’ application on Facebook provided by Unilever.
1. ELIGIBILITY TO ENTER THE COMPETITION:
• To be eligible to enter the Competition you must:
(a) Be a citizen or resident of Egypt.
(b) Be 18 years of age or older or at least the minimum legally required age and have a legal capacity to be subject to these Terms and Conditions at the time of joining;
(c) Provide proof of identity, citizenship and residence in the form reasonably required by Unilever upon request.
• This Competition is open to all, except for all employees or any individual professionally connected to the Unilever Group of Companies (Unilever N.V., Unilever PLC and all companies in which either Unilever N.V. or Unilever PLC directly or indirectly own or control at least fifty percent (50%) of the voting rights exercisable in general shareholders’ meetings or exercise control over the appointment of a majority of the Board of Directors or other controlling management body).
• Unilever and J. Walter Thompson (“JWT”), employees or members of their immediate family, contractors or agents are not eligible to participate in the Competition.
• Unilever reserves the right to verify the eligibility of all Participants at any point in time.
• These Terms and Conditions apply to any users of the Application.
2. ENTRANCE TO THE COMPETITION:
• To enter the Competition, you need to download the specified Application at http://apps.facebook.com/VirtualMakeover (the “Application”) and indicate you want to enter the Competition by clicking on ‘Share with Sunsilk’ and confirming acceptance of these Terms and Conditions.
• Entry to the Competition is open from December 15th at 12:00:01 AM [UAE time] (the “Start Date”) and ends December 31st at 11:59:59 PM [Egypt time] (the “End Date”) and the period of the Competition will be known as the “Competition Period”. Participants may enter the Competition at any point during the Competition Period.
• Entry to the Competition is open from March 14th at 12:00:01 AM [Egypt time] (the “Start Date”) and ends (April 28th at 11:59:59 PM [Egypt time] (the “End Date”) and the period of the Competition will be known as the “Competition Period”. Participants may enter the Competition at any point during the Competition Period.
• The Participants have to submit their personal information in the submission form (first name, last name, email, contact, country) on the Application between March 14th and April 28th 2013. The information must be true and accurate. Any falsification of personal or contact information will result in disqualification.
• Unilever reserves the right to accept any entry and to disqualify any Participant once accepted and/or any winner (“Winner”) if it has reasonable grounds to believe that the Participant has breached the Terms and Conditions. Non-compliance with the Terms and Conditions of this Competition will automatically disqualify the Winner from availing the Prize.
In the event that the Participant is disqualified from the Competition or is unreachable where the Participant is a Main Prize Winner (as defined below), Unilever may use its sole discretion to decide what to do with the Prize. Any new Participant selected in such an event shall be subject to these Terms and Conditions.
3. COMPETITION OBJECTIVE:
The objective of this Competition is to prepare as many virtual hair makeovers as possible and collect as many “dares” as possible for a chance to win the main prize.
Main Prize Winner announcement will take place on the 1st of May, 2013.
Main prize (“Main Prize”)
• The main prize is one Diamond necklace from Sunsilk.
• There will be 3 (three) Main Prize Winners, selected from Egypt who shall win 3 (Three) diamond necklaces.
• Prize collection details will be communicated to the Winner. Unilever shall not be responsible or liable for any late, lost, misdirected notification or for a Winner’s unsuccessful efforts to claim a Prize or for any defects in the Prize.
• The Prize is tax paid, non-transferable and cannot be assigned or redeemed for cash.
• Prizes are subject to change at Unilever’s sole discretion without notice.
5. WINNING CRITERIA:
• The Main Prize Winners of the Competition will be the Participants with the most collective dares.
• Main Prize Winner will be determined and announced on 1st of May 2013.
• All Winners must be valid Participants at the time of winning the Competition.
• The Main Prize Winner will be contacted during the 1st week of May 2013 via e-mail though the e-mail address indicated by the Participant, and by accepting these Terms and Conditions, all Winners hereby consent to the publication of their names on the Facebook platform Application page.
• Determination of the Main Prize Winner shall be noted in a document signed by Unilever or its agent/representative.
• The Winners will be asked to provide their details to claim their Prize and only those named Winners will be eligible to receive the Prize.
• Unilever has an exclusive right to reschedule the date it picks the Winners.
• All decisions of Unilever in relation to the Winners will be final and binding. Unilever shall not engage in any correspondence with Participants in the event of a dispute regarding the Winners.
• The Winner agrees to complete and execute any documentation required by Unilever, its representatives and affiliates or anyone on their behalf in order to give effect to their Prize, including but not limited to certificate/affidavit of eligibility, publicity release and a travel information and liability release from the Main Prize Winner, or any other document as requested by Unilever at its sole discretion. Failure by the Winner to return any completed documents within the time specified by the relevant requests of Unilever or failure to execute any other obligation specified in the present rules or requests of Unilever may results in disqualification and the Prize being awarded to the next Participant chosen at random.
• The Winners will have 5 (five) working days to respond to the prize notification. If there is no reply or confirmation after 5 (five) days, the individual forfeits the Prize and the Competition organisers will have the right to choose an alternative Winner. To claim the Prize, the Winner must present a valid government-issued ID for identification.
6. COMPETITION ENTITIES:
• The Competition is sponsored by the Sunsilk brand, which is part of the product portfolio of the Unilever Group and administered by JWT.
7. LIMITATION TO THE USE OF THE APPLICATION:
This Competition is developed for the purpose of entertainment, fun, information and communication without any charges to the Participants. Unilever will not tolerate the abuse of this Application and you will therefore not, and will not, allow any third party to:
• Violate any rights of any person or entity;
• Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Application;
• Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence and/or organization of the Application or any content contained therein;
• Use the Application in any manner that could damage, disable, overburden, or impair the Application, Unilever or any other entity;
• Collect any information about other Participants of the Application or interfere with other Participant’s enjoyment of the Application in any way;
• Use the Application for any commercial goal; and
• Use this website for any illegal, unethical or obscene purposes or any purpose that is not in connection with the objective of the Competition and in line with these Terms and Conditions.
8. USER CONTENT:
The Participant represents and warrants that he or she owns or controls all of the rights to all of the content used by the Application in connection with this Competition.
9. USE OF NAME AND LIKENESS:
Participants of the Competition hereby grant Unilever and its licensees, respective affiliates, Competition partners, and third party marketing entities, at no cost and without the need of any of the Participants authorisation, the unconditional perpetual right and authority to publish and broadcast anywhere in the world at any point in time, for any purpose in association with this Competition and in any publicity and public relations about the Competition and media (including internet sites, mobile, television, radio and press) (“Competition Publicity”); their name, image, photograph, video footage or audio record taken of them (where applicable), biographical data, testimonial, or other likeness or personal exposition (and/or any edited portion thereof).
By accepting to Participate in this Competition, the Participants agree to appear in all media coverage related to this Competition.
10. INTELLECTUAL PROPERTY:
The Participant acknowledges that all copyrights, trademarks, logos, and other intellectual property rights in the artwork, graphics, text, video and audio clips and other content available on this Facebook application excluding any logo or trademark pertaining to Facebook itself (“Content”) are owned by Unilever or used with permission and you hereby agree that you will not reproduce or otherwise use any such intellectual property rights, in whole or in part, for any reason whatsoever.
11. LIMITATION OF LIABILITY:
The Application, including all content therein, is provided “as is” and without warranties of any kind, either expressed or implied. Unilever does not warrant or make any representations regarding the use or the results of the use of the Application, including all content therein, in terms of its correctness, accuracy, reliability, or otherwise. To the fullest extent permissible pursuant to applicable law, Unilever disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non-infringement. Unilever does not warrant the accuracy, completeness or usefulness of any information contained within the Application. Unilever does not warrant that the Application or Application’s content or the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application or the servers that make it available are free of viruses or other harmful components. The Participant assumes the entire costs of all necessary servicing, repair and correction. With the exception of gross negligence or intentional act, Unilever shall, under no circumstances including but not limited to negligence, be liable for any damages (including special or consequential damage) that result from the use of, or the inability to use the Application, including any content therein, even if Unilever has been advised of the possibility of such damages.
Neither Unilever nor any of its respective parents, subsidiaries, affiliates, application developers, advertising and Competition agencies, legal and financial advisors, any and all other companies associated with this Competition or any of Unilever’s respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively, “Released Parties”) are responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, or for late, lost, damaged, misdirected, delayed, garbled, incorrect or incomplete Competition activities on Facebook.
Each Participant accepts the conditions stated in these Terms and Conditions, agrees to be bound by the decisions of Unilever and warrants that he or she is eligible to participate in this Competition. The Participant agrees, except to the extent that any personal injury or death is caused by the Released Parties’ negligence or breach of these Terms and Conditions, that the Released Parties shall not be responsible for any claims, losses, liability, and damages of any kind (including reasonable attorneys fees and expenses) asserted against any of them, incurred, sustained, or arising in connection with the use, acceptance or misuse of any entry material, or while preparing for, participating in, and/or using any product pursuant to the Competition’s related activity including without limitation any injury, damage, death, loss, accident to person or property, or from the respective Participant’s breach of any agreement or warranty associated with this Competition, including these Terms and Conditions. Any attempt to deliberately damage any website or undermine the legitimate operation of this Competition is a violation of criminal and civil laws and, should such an attempt be made, Unilever and each of their licensees and representatives reserve the right to seek damages or other remedies from any such person(s) responsible for any such attempt to the fullest extent permitted by law.
The Participant will indemnify and hold Unilever, JWT, their subsidiary and affiliate entities and the employees, officers, directors and representatives of each harmless (including costs and attorney’s fees) from any claim or demand made by any third party due to or arising out of access to or use of the Application, the violation of the Terms and Conditions, or the infringement of any intellectual property or other proprietary right, by the Participant or any third party using the Participant’s account. The Participant’s obligation under this indemnity may not be offset against any other claim. The Participant is solely responsible for all content he or she uploads, posts, e-mails, transmits, or otherwise disseminates in using, or in connection with, the Application.
The Application can be downloaded from the following link: http://apps.facebook.com/VirtualMakeover
The Application may contain links to websites operated on or behalf of Unilever, and the Participants use of all such websites are subject to the applicable policies of those websites. The Application, including content contained therein, may contain links to third party websites. Unilever does not control and is not responsible for the content of such third party websites, and does not make any representations regarding the accuracy, copyright or other statutory compliance, legality or decency of any of the content of other materials on such third party websites. If the Participant decides to access links to third party websites, the Participant does so at his or her own risk.
Unilever reserves the right at its sole discretion, without any prior notice, to suspend, cancel, terminate or modify any feature of the Competition including, but not limited to, content, hours of availability, and equipment needed for access or use without advance notice and to re-commence the Competition in its sole discretion and upon Terms and Conditions deemed reasonable by Unilever.
Unilever reserves the right to change the Terms and Conditions of the Competition at any time without prior notice. Please check this page regularly to get an update, if any.
15. FORCE MAJEURE:
Unilever may cancel, modify or suspend the Competition should a virus, bug, computer problem, unauthorized intervention or other causes outside the Unilever’s reasonable control corrupt the administration, security or proper play of the Competition, or by any force majeure, any actions, regulations, orders, or requests by any governmental or quasi-governmental entity, equipment failure, including overloading of a website due to excessive uploads, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared) fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Unilever’s sole and reasonable control. In the event of termination, Unilever reserves the right, at its sole discretion, to determine the Prize Winners from among all non-suspect, eligible entries received from each country up to time of such action using the judging procedure set forth herein.
• By entering this Competition, each Participant agrees that his/her personal data received by Unilever and JWT in accordance with the provisions of these terms may be processed for the purpose of the Competition.
• Each Participant hereby acknowledges and agrees that the relationship between the Participant and Unilever and the Competition affiliates is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to participate in the Competition does not place Unilever and the Competition affiliates in a position that is any different from the position held by members of the general public with regard to elements of the Participant’s participation, other than as set forth in these Terms and Conditions.
• By registering and participating in this Competition, the Participant accepts that any dispute in relation to their participation in this event will be subject to the laws of the Sultanate of Oman and the Participant agrees to submit to the exclusive jurisdiction of Muscat Courts.
• If any provision of these rules is invalid under the laws, rules or regulations of a particular country, it will only apply to the extent permitted and adjusted as legal to satisfy Unilever’s objectives. In addition, Participants are required to abide by the applicable laws, rules and regulations of the Participants’ country of residence as they may pertain to participation in this Competition.
• This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Unilever who owns the Sunsilk brand and not to Facebook. The information you provide will only be used for purposes of this Competition.
• By registering your details, you agree that you are happy for your submitted details to be stored and used by Unilever to keep you informed about Sunsilk promotions, products and news, and to contact you if you have won the Prize. You understand that your details will not be passed on or sold to any other third party without your prior knowledge and consent.