I. TERMS AND CONDITIONS OF PARTICIPATION

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law.

This event is not connected to Instagram in any way and is in no way supported, supervised or monitored by Facebook or Instagram. Henkel AG & Co. KGaA, Henkelstraße 67, 40589 Düsseldorf (herewith “Henkel”), not Facebook or Instagram, is the recipient of the information provided by you. All questions, comments and complaints should be directed to Henkel, not to Facebook or Instagram.

If you activate and enter the competition on Instagram or Facebook, your personal data may be collected directly from you (e.g. IP address and cookie ID) by Facebook or Instagram and used for the purposes of Facebook or Instagram. This can also occur in the USA. We are not responsible for gathering and using personal data, which can also include setting cookies, or Instagram. You can find more information on the precise data processing operations, retention periods and processing purposes directly on Instagram, and the data protection agreement of Facebook, Inc. can be downloaded here.

Process and execution of the competition

The competition host is Henkel AG & Co. KGaA, Henkelstraße 67, 40589 Düsseldorf (herein “Henkel”).

The online-competition will take place from October 15, 2022 to November 30, 2022, 23.59 pm.
For participating in the online-competition, participants must submit their picture of a STMNT hairstyling look made by himself/herself and created with the STMNT Grooming Goods products. The participant uses the hashtags #STMNTxDefer and tags @stmntgrooming.
Participation channels are the campaign website and Instagram with the #STMNTxDefer.
The prizes for the online participation:
- Winner:
  - The Original Artwork Print from Alex Kizu also know as the Artist Defer for the STMNT Artist Edition 2022 which is printed on the All-in-One-Cleanser and a full product and Artist Edition Merchandise Package.
- Second and third prize:
  - A full product and Artist Edition Merchandise Package
- Local prize (if available):
The winner will be selected by our three creators, consisting of Sofia Justine Pok (Sofie Staygold), Julius Tanedo (Julius Ceasar) and Miguel Gutierrez (Nomad Barber) and the Artist Alex Kizu (Artist Defer).[The jury will determine the winner based on creativity]
The winner will be informed via Instagram message.

2. Eligibility to participate

All natural persons who are at least 18 years old or the age of majority, whichever is older, and have a residence in the 50 United States and the District of Columbia, have agreed to the terms and conditions of participation and have posted a picture or video of a STMNT hairstyling look created by himself/herself on Instagram with #STMNTxDefer and tagged @stmntgrooming during the competition period.

In order for the jury to be able to see the pictures on the Instagram account of the participant, the privacy settings of the Instagram account must be put on “public”.

In order to participate in the competition, all personal information supplied must be valid and true. Each participant may only take part on his or her own behalf. Employees of the supporting agency, Henkel and associated companies, as well as their dependents, are not eligible to participate. Participants, upon submission of their entry to the competition, hereby irrevocably grant to Henkel, and each of its licensees, successors and assigns, during the Entry Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submissions submitted as part of the competition, and all elements, images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, social media, the Internet, online systems, streaming media, film, television, print, interactive devices, and mobile media), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in the competition. Henkel, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Henkel will have the right to use the submissions submitted as part of the competition, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the competition. Participants acknowledge that as a condition of participating in the competition and/or being selected as a Winner, Henkel may request that the participant’s submission, and any rights therein, be assigned to Henkel and participants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Henkel) or such participant will otherwise be disqualified from receiving their prize. Participants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Participants agree that Henkel shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Participants agree not to issue any publicity concerning Henkel. Participants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. Each participant acknowledges that other participants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with Henkel because of these familiarities or similarities. The decisions of Henkel are final and binding in all matters relating to the competition, including interpretation and application of these terms. Each participant, by participating in the competition, except where legally prohibited, grants permission for Henkel and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Henkel reserves the right to request from participant at any time proof that participant maintains all necessary rights in their submission in order to grant Henkel the rights required herein in a form acceptable to Henkel. Failure to provide such proof may lead to, among other things, the participant being disqualified from the competition.In order to participate in the competition, all personal information supplied must be valid and true. Each participant may only take part on his or her own behalf. Employees of the supporting agency, Henkel and associated companies, as well as their dependents, are not eligible to participate. Participants, upon submission of their entry to the competition, hereby irrevocably grant to Henkel, and each of its licensees, successors and assigns, during the Entry Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submissions submitted as part of the competition, and all elements, images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, social media, the Internet, online systems, streaming media, film, television, print, interactive devices, and mobile media), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in the competition. Henkel, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Henkel will have the right to use the submissions submitted as part of the competition, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the competition. Participants acknowledge that as a condition of participating in the competition and/or being selected as a Winner, Henkel may request that the participant’s submission, and any rights therein, be assigned to Henkel and participants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Henkel) or such participant will otherwise be disqualified from receiving their prize. Participants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Participants agree that Henkel shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Participants agree not to issue any publicity concerning Henkel. Participants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. Each participant acknowledges that other participants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with Henkel because of these familiarities or similarities. The decisions of Henkel are final and binding in all matters relating to the competition, including interpretation and application of these terms. Each participant, by participating in the competition, except where legally prohibited, grants permission for Henkel and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Henkel reserves the right to request from participant at any time proof that participant maintains all necessary rights in their submission in order to grant Henkel the rights required herein in a form acceptable to Henkel. Failure to provide such proof may lead to, among other things, the participant being disqualified from the competition.

3. Consent of persons depicted / Liability

The participant must obtain prior express consent from each person shown in any pictures and/or videos submitted that they agree to these pictures and/or videos of them being submitted as part of the competition and published on the internet (websites and social media channels). The Participant guarantees and shall be liable for ensuring that all pictures and/or videos submitted are free of third-party rights.

4. Exclusion of specific persons

In the event that a participant violates the terms and conditions of participation, Henkel reserves the right to exclude this participant from the competition. Participants who make use of illegitimate means or otherwise create an artificial advantage through manipulative practices will also be excluded. In such cases, Henkel may even revoke and require the return of any prize.

5. Premature conclusion of the competition

Henkel reserves the right to terminate or end the competition at any point with no prior warning. In particular, Henkel will make use of this right if, due to technical (e.g. virus in the computer system, manipulation or error in the hardware or software) or legal reasons, a proper execution of the competition cannot be guaranteed.

Insofar as such a termination is caused by the conduct of a participant, Henkel can demand compensation from that person for the damages arising.

6. Prize and prize winner

The prize winner(s) will be informed by Henkel via Instagram direct message. If a winner does not respond to the message within fourteen (14) days of being notified by Henkel, then the winner’s prize will be forfeited and Henkel shall be entitled to freely select the winner among the participants. Winners will be selected and informed by January 20, 2023.

The prizes have to be redeemed between January 2023 and March 2023. If not redeemed within the time frame mentioned above, all vouchers expire. Only one prize can be redeemed per participant, for which there is no cash alternative. Prize claims cannot be transferred to others. Henkel retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize are the sole responsibilty of each winner.

7. Liability

Henkel does not accept responsibility for entries lost through technical fault. Proof of entry is not automatically proof of receipt.

With the award of the prize, Henkel is free of all further obligations. Henkel is not liable for loss or damages which might occur in the course of using the prize. Henkel does not assume any liability for the insolvency of the third party providing the prize and the resulting consequences for the execution of the competition and the awarding of the prize. Any complaints should be directed to the third party providing the prize.

Henkel is only liable for material and legal defects in the event of malicious intent or negligence.

Henkel is not liable for damages caused by errors, delays or interruptions in the transfer, faults in the technical facilities and service, incorrect contents, loss or deletion of data, viruses or anything else that can arise in the participation of a competition.

The limitations of liability cease to be valid if the damages are caused by Henkel (its organizations, employees or subcontractors) through malicious intent or negligence, or if they are caused by a contractual obligation.

There is no liability for the individuals excluded in accordance with Paragraph 4.

8. Other

There is no right of appeal. The terms and conditions of participation and the entire legal relationship between the participants and Henkel are exclusively subject to the law of the Federal Republic of Germany. If individual provisions in the terms and conditions of participation should be or become invalid, the validity of the remaining provisions will be unaffected. The terms and conditions of participation can be amended by Henkel at any time with no prior warning.

II. Data protection agreement for participation in the competition

In order to receive the prize, the winner(s) must supply the following personal data: name, email address, address and country. There is no right to registration.

Henkel will gather and use the data provided by the participant(s) as part of the necessary process for providing the prize and conducting the raffle.

Henkel will not forward the participant’s data to any third party unless for the distribution of prizes or for conducting the raffle.

The processing and use of the participant’s data is based on statutory provisions which justify those operations on the grounds that the processing is necessary for conducting the raffle.

The personal data will only be used for the online competition and the duration of the online competition and for the supply of the prize and will be deleted within six (6) months from the end of the online competition.

At any time, the participant may assert the right to access its data. Additionally, provided that the respective requirements are met, the participant may assert the following rights:

Right to rectification
Right to erasure
Right to restriction of processing
Right to lodge a complaint with the respectively competent data protection supervisory authority
Right to data portability

Right to object of Participant In case of processing activities involving your personal data that are carried out on basis of a legitimate interest of Henkel, you have the right to object against such processing of your personal data at any time for reasons resulting from your specific situation. Henkel will stop that processing unless Henkel can prove important reasons for the processing which deserve protection which outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend against legal claims.

In these cases, or if the participant has any other questions or wishes in connection with regard to its personal data, please send an e-mail or a letter to Henkel’s data protection officer, Mr. Frank Liebich, Henkel AG & Co. KGaA, Henkelstrasse 67, D 40191 Düsseldorf, Germany (E-Mail: Datenschutz@henkel.com). Subject Line: Competition #STMNTxDefer

Official Rules available at https://www.stmntgrooming.us/. For a list of winners after January 22, 2023, visit https://www.stmntgrooming.us/ OR send a self-addressed, stamped envelope for receipt within 90 days following the competition period to Ms. Natalie Meyer, Henkel, Hohenzollernring 127 22763 Hamburg, Germany.