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Gussi Smooth Summer Contest

OFFICIAL RULES FOR “GUSSI SMOOTH SUMMER CONTEST”

The following promotion is intended for legal residents of the 50 United States and District of Columbia who are 18 years of age or older at the time of entry. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules (“Official Rules”) below.

1. DESCRIPTION: The “Gussi Smooth Summer Contest" ("Promotion") begins on or about July 12, 2021 at 12:00 AM and ends on August 31st, 2021 at 11:59 PM Eastern Time ("Promotional Period"). The Promotion is sponsored, administered and fulfilled by Gussi Hair, LLC, 1128 Royal Palm Beach Blvd., Royal Palm Beach, Florida 33411 (“Sponsor”).

2. ELIGIBILITY: Promotion is open to legal residents of the United States and Washington, D.C who are at least 18 years of age in their state of primary residence at time of entry. Entrants must have online access as of July 11, 2021. Any individuals (including but not limited to employees, independent contractors, consultants and interns) who have, within the last six (6) months, been employed by or performed services for Sponsor, any prize provider, or any other organizations affiliated with the administration, prize support, fulfillment, advertisement or promotion of the Promotion (collectively, “Promotion Entities”) are not eligible to enter or win. Household Members and Immediate Family Members of each such individual are also not eligible to win. For purposes of the Promotion, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.  Void where prohibited or restricted by law. This Promotion is in no way sponsored, endorsed, or administered by, or associated with Visa or Instagram.

3. HOW TO ENTER:  During the Promotional Period, an eligible entrant (“Entrant”) must (1) take a “before” photo of him/herself showing Entrant’s hair prior to treatment; (2) try Gussi’s “At-home Keratin Treatment”; then (3) take an “after” photo of him/herself capturing Entrant’s hair after treatment. To enter the Promotion, Entrant shall enter in one (1) of the following ways: (1) post the before and after photos (each, individually a “Photo” and collectively, “Photos”) to Instagram by doing the following (a) tagging @Gussihair in the Photos and posting to Entrant’s Instagram page or story with the hashtags #gussiup and (b) setting the privacy settings on the Entrant’s Instagram account to public for the Photos to be viewed by Sponsor; (2) sending the Photos to Sponsor via direct message on Instagram; or (3) emailing the Photos to Sponsor at hello@gussihair.com. By tagging the Photos with @gussihair and posting on Instagram, sending the Photos to Sponsor by direct message on Instagram or emailing the Photos to Sponsor, an Entrant will automatically receive one (1) entry into the Promotion (each, an “Entry”). Limited to one (1) Entry per Entrant. Photos shared by Entrants on Instagram must be shared in accordance with such platform’s terms of use and privacy policy. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by Entrant. In the event of a dispute as to any online entry, the authorized account holder of the Instagram account will be deemed to be the Entrant. Potential winner may be required to show proof of being the authorized account holder. POTENTIAL WINNER WILL BE CONTACTED BY MESSAGE THROUGH INSTAGRAM (IF SUBMITTED VIA INSTAGRAM) OR BY EMAIL (IF ENTRANT EMAILED THE PHOTOS TO SPONSOR).

Photo Entry Requirements:

Photos must:

a. Comply with the terms of use and community guidelines of the platform on which Entrant posts his/her Photos (i.e., Instagram) (the “Posting Platform”) and the specifications for user photo uploads. Failure to comply with the Posting Platform’s policies may result in disqualification at the sole discretion of Sponsor; and

b. Photos must have been taken by the Entrant posting the Photos, or Entrant must have obtained permission to use the Photos as an Entry from whomever took the Photos. Such permission must be in writing and must include the an irrevocable royalty free worldwide right and license (but not the obligation) for Sponsor to use, reproduce and display the Photos, or any derivative thereof, in Sponsor’s marketing materials as distributed via email and/or on Sponsor’s websites and social media pages, in perpetuity. Professional Photos with watermarks are not eligible.

Photos must not:

a. Include (e.g., in the background, or on equipment or props) any copyrighted work or any trademarks, logos, insignia, location signage, photographs, artwork or sculptures, in the Photos;

b. Include the likenesses or photographs of any person other than Entrant;

c. Include material that is (or promoting activities that are) sexually explicit, obscene, pornographic, violent, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, or otherwise objectionable as determined by the Sponsor in its sole discretion or that violates the Posting Platform’s terms of use.

Failure of any Photo to comply with the above guidelines and restrictions, as determined by Sponsor in its sole discretion, may result in the disqualification from the Promotion. Entries generated by a macro, script or other automated means will be disqualified. SUBMITTING PHOTOS TO SPONSOR VIA EMAIL OR INSTAGRAM DIRECT MESSAGE OR POSTING A PHOTO ON THE POSTING PLATFORMS WITH THE @GUSSIHAIR TAG AND THE PROMOTION HASHTAG CONSTITUTES AGREEMENT TO THESE TERMS AND CONDITIONS AND AN IRREVOCABLE ROYALTY-FREE WORLDWIDE LICENSE TO SPONSOR TO REPRODUCE AND DISPLAY THE PHOTOS, OR ANY DERIVATIVE THEREOF, IN SPONSOR’S MARKETING MATERIALS AS DISTRIBUTED VIA EMAIL AND/OR ON SPONSOR’S WEBSITE AND SOCIAL MEDIA PAGES, IN PERPETUITY.

4. PRIZES:

Prizes (1)
One (1) winner (“Winner”) will receive a grand prize package consisting of: (1) A six (6) month supply of Gussi hair product comprising of Four (4) Gussi At-Home Keratin Treatment Kits; (2) a $250 dollar Visa gift card; and (3) Winner shall be featured in Sponsor’s next advertising campaign (Total Approximate Retail Value [“ARV”] of Five Hundred Ten Dollars [$510]).  

All prize details are at the sole discretion of the Sponsor. Winner cannot assign or transfer the prize to another person.  If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded.  If a Winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor.  The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. All taxes on the Prize, if any, and other expenses related to accepting and/or using the Prize not listed in these Official Rules are the sole responsibility of the Winner, who will receive an IRS Form 1099 reflecting the fair market value of the Prize in the name of the Winner for the calendar year in which the Prize was won, if applicable. The Prize will be shipped only to a valid address in the United States.

If prize is awarded but goes unclaimed or is forfeited by recipient, the Prize may not be re-awarded, in Sponsor’s sole discretion.

PRIZES ARE AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPONSOR (INCLUDING EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.

5. ODDS OF WINNING: Odds of winning depends on the number of eligible Entrants that enter the Promotion during the Promotional Period.

6. WINNER SELECTION AND NOTIFICATION: On or about September 10, 2021, one (1) or more qualified judges selected by Sponsor (“Judges”) will review all eligible Entries posted on the Posting Platform during the Promotional Period and select one (1) winner (“Winner”) based on the following judging criteria (“Judging Criteria”): Adherence to the “before and after” theme of the Promotion (50%); Technical photography achievement (25%); and creativity (25%). The review process may occur on a rolling basis as Entries are posted on the Posting Platform. In the event of a tie, the Judges will break any ties by selecting the tied entrant who received the highest points from the Judges for Creativity. Sponsor reserves the right to extend the Promotional Period if the Promotion does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in their sole discretion.

Winner will be notified by message on Instagram to the account that was used for Entry or via email to the email address used for Entry, within approximately five (5) days of the selection date. Selected Winner will be required to respond (as directed by the Sponsor) to the notification. The failure to respond timely to the notification may result in forfeiture of the prize and the Sponsor will randomly select an alternate Winner from among the remaining eligible Entries. Winner may be required to verify address and return within five (5) days (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate Winner from the remaining eligible entries for that prize. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential Winners of a Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. A Prize will not be awarded until all such properly executed, required Prize Claim Documents are returned.

Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor is not responsible for lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In such event, Sponsor reserves the right to conduct the Promotion and award the prizes by means of a random drawing comprised of all non-suspect Entries prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the prizes in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Any notice of termination, modification or suspension of the Promotion will be posted on the Website.

7. CONDITIONS OF PARTICIPATION/RELEASES: Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize that they may win, each Entrant agrees to release the Promotion Entities, Instagram, each of their respective parent, subsidiary and affiliated companies, units and divisions; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of any prize. Winner authorizes the Promotion Entities to use their name, voice, likeness, biographical data, city and state of residence in programming or promotional material, worldwide in perpetuity, or on a Winner's list, if applicable, without further compensation unless prohibited by law. Promotion Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Promotion Entities’ sole discretion, without further obligation or compensation, unless prohibited by law. The Released Parties shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Promotion; or (iv) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion. Promotion Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion. By participating in the Promotion each Entrant (including Winner) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless the Released Parties from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Promotion or (ii) receipt or redemption of the Prize. The Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Promotion or use or redemption of the Prize.

Sponsor may prohibit any Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines such Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor’s representatives. This Promotion will be governed by the internal laws of the State of Florida. Any and all legal actions or claims arising in connection with this Promotion must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

8. FORCE MAJEURE: Released Parties shall not be liable to a Winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.

9. PRIVACY POLICY:  Any personal information supplied by Entrants to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.gussihair.com/pages/privacy-policy, which may be modified from time to time. By entering the Promotion, each Entrant grants Sponsor permission to correspond with Entrant via the contact information listed on his/her Entry and to share Entrant’s information with the other Promotion Entities. Additionally, Entrant’s entry information will be subject to the privacy policy and terms of service of each of the Promotion Entities and Entrant agrees to receive additional email communication from each of those companies. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS PROMOTION.

10.  Prize Winner List:  To obtain a copy of these Official Rules or for notification of the Winner, mail a self-addressed, stamped envelope (VT residents need not affix return postage on requests for rules) to: “Gussi Smooth Summer Contest” at 1128 Royal Palm Beach Blvd., Royal Palm Beach, Florida 33411. Requests for winners' lists must be received no later than three (3) months after the end of the Promotional Period.

© Gussi Hair LLC 2021. All rights reserved.