Rules and Regulations

(#K18hairflip Hashtag Challenge Contest)

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

1. Entry Timing: The Entry Period for the “#K18hairflip Hashtag Challenge Contest” (“Promotion”) is from [1:00am EST December 17^th 2021], to [11:59pm EST February 19^th 2022].
2. Who Can Enter:  The Promotion is open to legal residents of the 48 contiguous United States and Washington D.C. who are the age of majority in their state of residence at the time of entry. Void where prohibited. Employees, members, officers or directors of . (“Sponsor” or “K18”) and affiliated companies, subsidiaries, distributors, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Promotion (collectively, the “Promotion Parties”) and the members of the immediate families or households of any of the foregoing are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Rules and Regulations and to Sponsor’s decisions, which are final and binding in all matters. Winning a prize is contingent upon fulfilling all requirements set forth herein. All federal, state and local laws and regulations apply.
3. How to Enter: To enter: Create and post a TikTok video showcasing your best hair flip using the hashtag #K18hairflip in the caption AND the song #K18hairflip. One entry per person. Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void that participant's entries, and that participant may be disqualified at K18’s discretion.

Entries containing any of the below will also be automatically disqualified at K18’s discretion:

1. Nudity/Provocative Content
2. Violent Behavior or hateful content which include but are not limited to racist, sexist, or derogatory content
3. Negative videos about the brand or campaign
4. Political content
5. Misinformation about COVID-19

 

Please be advised that K18 may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by K18, such as to notify them of a product or promotion that K18 thinks may be of interest. Please review our regarding our use of personal information and commitment to your privacy.

4. Prizes and Prize Drawings: February 20 to February to March 6, 2022 (the “Judging Period”), the Sponsor will choose ten [10] winners based on which entrant’s video fit the theme of the challenge the best. The ten [10] winners will receive a $1,000 e-gift card to Sephora and a K18 treatment and blowout at a participating salon. If a salon is not within a reasonable distance from the winner(s), K18 will provide an American Express gift card equal to the value of a K18 treatment and blowout. Prizes are not transferable, and no substitutions are allowed except in K18’s sole discretion. Non-cash prizes may not be redeemed for cash. No individual prize to be awarded in the Promotion is valued at over [$1,150] and the total value of all prizes to be awarded over the life of the Promotion is approximately [$1,150]. The winners are solely responsible for the reporting and payment of all applicable federal, state and local taxes (including but not limited to income and sales taxes) attributable to prizes. K18 shall exclusively own all worldwide right, title, and interest in all submitted entries. The winner will also be featured on the K18 website and on official K18 social media. Winner agrees to the use of his or her name, address, state of residence, voice and/or likeness for purposes of advertising, promotion and publicity of this Promotion without further compensation, permission, or approval.
5. Winner Notification:  An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified. Winner will be contacted via phone or e-mail if available. Return of any prize or prize notification as undeliverable may result in disqualification and selection of an alternate winner. The winners will be required to respond to the communication from K18 to acknowledge receipt of the prize. If no response is obtained 48 hours of notification, attempts may be made to reach the winner by phone or mail or, at K18’s option, the prize will be awarded to a replacement winner selected by K18. In the event a question regarding a winner’s identity arises, entries will be deemed made by the holder of the e-mail account associated with the entry. The winner of a prize may be required to submit an Affidavit of Eligibility and Release of Liability upon request of K18.
6. General Conditions: This Promotion is governed by the laws of the United States and is void outside the United States and where prohibited by law. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Rules and Regulations; and/or (c) award all prizes claimed prior to cancellation from among the eligible, non-suspect entries received, up to the time of impairment. Entrants waive any right to claim ambiguity in regard to the interpretation or implementation of these official rules.
7. Limitations of Liability: BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT SPONSOR, BYTEDANCE (TIKTOK) AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES RESULTING FROM PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROMOTION, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, INTELLECTUAL PROPERTY RIGHTS EMBODIED IN ANY DESCRIPTION, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, CONCERT CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMICS, EPIDEMICS, WEATHER, TERRORISM, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES. 

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) 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 Promotion or receipt or use or misuse of any prize.

ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules and Regulations shall not constitute a waiver of that provision.

8. Disputes: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal Courts of the State of California, in the County of San Francisco and/or the Northern District of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules and Regulations, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
9. Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy located at www.K18.com.
10. Rules and Regulations and Winners List: For the names of the winners of prizes, send a self-addressed, stamped envelope to: “K18 Hairflip Hashtag Challenge Contest Winner”, 621 Sansome Street, San Francisco, California 94111, Attn: Marketing. For the Rules and Regulations, available for 90 days after winner selection, visit www.K18hair.com or send a self-addressed, stamped envelope to: “K18 Hairflip Hashtag Challenge Contact Winners”, 621 Sansome  Street, San Francisco, California 94111, Attn: Marketing. Allow approximately two (2) weeks for delivery.

No Sponsorship or endorsement of the Promotion Parties by ByteDance (TikTok) is intended or implied; nor is ByteDance (TikTok), or any other social media networking site associated with the Promotion in any way. Any questions, comments or complaints about the Promotion should be directed to Sponsor. All information provided for entry into the Promotion is being provided to Sponsor.