THE BELLAMIS – Hair Extensions Awards: Terms & Conditions 2024
1. THE BELLAMIS (“the Contest”) is open to all aged 18 or over (“the Contestants”).
2. There is no purchase necessary to enter the Contest. And no compensation shall be provided in connection with the submission of Contest entry.
3. Contest will be run by Bellami Hair, LLC (“Bellami” or “Sponsor”).
4. By entering the Contest, the Contestant accept these Contest Terms & Conditions, the general Bellami Terms and Conditions available at www.bellamiprofessional.com and any specific instructions and terms for the Contest which may be mentioned on-air, in any electronic messages, on the Bellami Hair website, or communicated to Contestants in any other way (“Contest Information”). Such Contest Information shall prevail if there is conflict between these Terms and Conditions and any Contest Information.
5. Bellami may cancel or amend the Contest, Contest Information, or these Terms and Conditions without prior notice. Any changes will be posted either within the Contest Information or these Terms and Conditions. These Terms and Conditions were last updated on June 14, 2024.
6. Bellami’s decision in all matters to do with the Contest will be final.
Entry
7. Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:
(a) Bellami or its affiliated companies' employees
(b) Any company involved in any capacity in the production or sponsorship of a program to which the Contest relates.
8. The Contest opens on 6/20/2024. The closing date for receipt of entries is 7/22/2024 at 11:59 pm US Pacific Time Zone.
9. Contestants may submit one entry per category and each entry will be judged separately; however, Contestants can only be shortlisted and selected as a Contest finalist once (in respect of their entry, it is the highest rated that will be used).
10. To enter the Contest, Contestants must do the following:
a) Register an account on Bellamiprofessional.com and upload and submit their video entry. Video files created using most digital formats will be accepted, including .AVI, .MOV, .WMV, and .MPG. Any files that cannot be opened or accessed by Bellami will not be considered in the selection of a Contest winner.
b) Read and accept the terms and conditions and provide additional contact details so we can contact you if you are selected as a Finalist.
11. By participating in this Contest, each Contestant warrants and represents that his or her entry/video:
(a) does not violate any law, statute, or regulation;
(b) does not contain the name, image or likeness of any identifiable third parties, unless consent in the form of a signed model release on behalf of Bellami in a form substantially similar to the form included herewith as Exhibit A has been obtained from all such individuals and their parent/legal guardian if they are under the age of eighteen years;
(c) will not give rise to any claims of copyright or other intellectual property infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
(d) is not defamatory, libelous, pornographic, offensive, or obscene, and further that it will not contain, depict, or include without limitation, any of the following:
(i) nudity;
(ii) explicit or graphic sexual activity;
(iii) crude, vulgar, or offensive language and/or symbols;
(iv) derogatory characterizations of any ethnic, racial, sexual, or religious groups;
(v) content that endorses or condones any illegal activity;
(vii) conduct or other activities in violation of these Contest Rules;
(viii) commercial messages, comparisons or solicitations for products or services other than those of the Sponsor;
(ix) any identifiable third-party products and/or trademarks, brands, or logos; and
(x) any other content that is or could be considered inappropriate, or offensive, all as determined by Bellami in its sole and absolute discretion.
11. Entries must: (1) be the original work of the Contestant; (2) be created for the purposes of this Contest; (3) have not been previously published, used commercially, submitted prior to this Contest or during this Contest to another competition or promotion or won any other prize/award;
12. Entries must be completed in accordance with the entry process set out above. No other method of entry will be accepted. Entries which do not meet these criteria will not be considered.
13. Entries will not be complete until Contestant has uploaded their video entry and accepted these Terms and Conditions. Bellami reserves the right to disqualify any incomplete entries.
14. The Contestant must keep a digital or hard copy of their video entry. If required, Contestants must supply the original recording of their video entry for use in connection with the Contest, including (but not limited to) for publication in any format by Bellami.
15. All video entries will be subject to moderation. Bellami shall have the right in its sole and absolute discretion to accept or reject any video entry and to remove any video entry already accepted without giving reasons for the decision.
16. By entering the Contest, Contestant understands and agrees that:
(a) the Contestant grants to Bellami (without any compensation) a worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable license in and to any Contest entry/video, which shall be exclusive to Bellami for alteration, publication, distribution, and use in whole or in part in connection with the Contest and any other marketing and promotional activities of Bellami and in any format or platform, including but not limited to: website, e-mail, social media, SMS text, print, and retail advertising.
(i) For the avoidance of doubt, these rights include, without limitation, the right to edit and/or alter any entry, distribute and synchronize all or any portion of any entry in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of any entry; to encrypt, encode and decode, and compress and decompress all or any portion of any entry; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of any entry; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of any entry; and to excerpt and/or extract portions of any entry in order to host, store, index, categorize and display entries on or through the Bellami’s platforms. Bellami also reserves the right to use (or not use) Contestant’s entry(ies) at all and/or as little as Bellami so chooses;
(b) Contestant shall indemnify and defend Bellami and Contest Parties (defined below) from and against any claim filed by a third-party based on or relating to Contestant’s entry, including but not limited to any claims for or relating to infringement, breach of privacy right(s), and/or right(s) of publicity;
(c) to the extent permitted by applicable law, the Contestant unconditionally give Bellami its consent to any act or omission that would otherwise infringe on any moral rights Contestant may have in and in relation to their entry/video, and Contestant undertakes that they will not institute, maintain or support any claim or proceeding for infringement of any moral rights that Contestant may have in and/or in relation to their entries.
17. Neither Bellami, its employees, officers, servants, agents, and affiliated entities) nor any other party or organization (including their, employees, officers, servants, agents and affiliated entities) involved in the management, promotion, or administration of the Contest, or its entry, or implementation of any prize (together the “Contest Parties”) will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by us or any third party), virus, bugs, or other causes outside its control. Proof of submission online is not proof of receipt by us.
18. Any entries which are incomplete, incorrect, inaudible, incomprehensible, may be void.
19. In the event of any fault, mistake, misunderstanding, or dispute concerning the correctness or acceptability of the entry, or the operation of any part of the Contest, or the interpretation of these Terms and Conditions, the decision made by Bellami shall be final.
20. Bellami shall not be liable to reimburse any expenses incurred by the Contestant in entering the Contest.
21. Bellami reserves the right to disqualify any Contestants and/or entries which it believes have not been made in compliance with these Terms and Conditions or to disqualify any Contestant found to have tampered with the entry process or the operation of the Contest or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person.
Selection of Finalists & Prizes
22. Entries complying with these Terms & Conditions will be posted and available for voting by the public.
23. Entries receiving the most votes will be directed to Bellami’s leadership team, who will then select the finalists. Finalists shall receive notice of their entry’s selection as a finalist, and finalists’ names may be published by Bellami.
24. Finalists shall receive a GA ticket plus paid hotel room for 2 nights (up to a value of $417) to attend the event. Bellami will not be responsible for the finalist’s food, drink, entertainment, or travel except as detailed above.
25. One winner in each category shall receive $3,000.
26. Prizes awarded in connection with the Contest are taxable income and shall be reported to the IRS. To claim a prize, the finalists and winners must provide any tax forms requested by Bellami. Refusal to submit requested tax forms shall result in revocation of any prize.
27. The Prizes are non-transferable and are not redeemable for any other value or consideration.
Data Protection and Publicity
28. We may publish the first names and surnames of the Finalists at any time during or after the Contest.
29. We may exercise its sole discretion to use all Finalists’ names, addresses, images, and their comments relating to the Prize and Contest experience for promotion of the Prize, this Contest, or the Contest Parties, and for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.
30. The information Contestants supply in connection with the Contest (including their personal details):
(a) may be included in a database compiled for the Contest and will be used for the purposes of selecting Finalists; and
(b) may also be used for inclusion and/or read out in any program produced in connection with the Contest.
Liability
31. Nothing in these Terms and Conditions shall exclude or limit the Contest Parties’ liability for death or personal injury caused by their negligence or for fraud. Subject to this, the Contest Parties are not liable for any damage, loss, injury, or disappointment suffered by any Contestant entering the Contest or because of accepting the Prize. Also, the Contest Parties are not be liable for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure of any entry to be received on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including any injury or damage to Contestant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest.
32. None of the Contest Parties promise that the services relating to the Contest will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond the control of any Contest Party. We will not be liable if all or any part of the service relating to the Contest is discontinued, modified, or changed.
Limitations of Liability
33. By participating in this Contest, Contestant agrees to release and hold harmless Bellami, its subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents and representatives and each of their 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 Contest and/or acceptance, receipt, possession or use/misuse of the prize/prize components. By entering, Contestant also authorizes Bellami and its designees to use Contestant’s name, image, voice, likeness, video, photograph, prize information (if applicable), biographical data and city and state/province of residence in programming, advertising, and/or promotional material or on a winners’ list (if applicable) without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation. All federal, state, and local laws and regulations apply. Bellami is granted a license in connection with all content in Contest entries as set forth in these Terms & Conditions.
34. Third Party Permission(s): Entrant is responsible for obtaining and represents that it has obtained, prior to submission of the entry, any and all necessary releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry.
Standard Terms
35. If any Contestant does not, or is unable to, comply with and meet these Terms and Conditions and the Contest Information, Bellami shall be entitled at its sole discretion to disqualify such Contestant, without any further liability to such Contestant. In these circumstances, any prize won by the Contestant may be forfeited. All Contestants must comply with any directions given by any Contest Party including all relevant laws, rules, and regulations.
36. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
37. These Terms and Conditions and the Contest Information shall be exclusively governed by and construed in accordance with the laws of California.
38. Our Customer Services team may be contacted at: 844.871.7877
EXHIBIT A
FORM MODEL CONSENT & RELEASE
This Model Image, and Likeness Release (“Release”) is granted to Bellami Hair, LLC, (including its affiliates, heirs and permitted assignees) (“Bellami”) by Model (“Model” or “You”), as identified in the signature block below, and is effective as of the date of Model’s signature below (“Effective Date”).
Model agrees to serve as a model for BELLAMI. In consideration of Model’s engagement with BELLAMI, and for other good and valuable consideration, You agree to the following:
- All rights, including those associated with your name, image, and likeness, and the copyright, in all photographs, pictures, videos, recordings, and works based thereon in whatever form or medium in which you appear for or on behalf of BELLAMI, or which were taken before, on, or after the Effective Date, and in connection this Model Release (collectively “Images”) are hereby assigned to BELLAMI for BELLAMI to use throughout the world in all forms of media, forever; and all such shall automatically vest in BELLAMI immediately upon creation for BELLAMI to use throughout the world in all forms of media, forever, and without any compensation due to you (except as agreed by BELLAMI in writing).
- You hereby relinquish any right you may have to examine or approve the Images or any advertising materials, promotional materials, printed matter, or electronic matter in which the Images may appear or are applied in their original, altered, or amended form;
- You hereby release, discharge and hold harmless BELLAMI, its licensee, and all persons functioning under its permission or authority from liability by virtue of any use, blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise, that may occur or be produced when taking, processing or using Images, including but not limited to any claims for invasion of privacy or violation of any other privacy right(s);
- You consent to BELLAMI using, re-using, publishing, or republishing the Images intact or in part, as a composite or distorted in form and without restrictions as to changes or transformations in conjunction with your own or a fictitious name, or a reproduction in any color, or otherwise made by BELLAMI for any reason whatsoever.
- You shall not use the Images, or anything similar to the Images, for any reason, without the prior written consent of BELLAMI;
- You consent to the Past and Future Images being changed, copied, edited, added to, taken from, adapted, used intact or in part, as a composite or distorted in form (without restrictions as to changes or transformations in conjunction with your own or a fictitious name) and/or reproduced in any color, or otherwise in any manner or context by BELLAMI or any person authorised by BELLAMI notwithstanding that such conduct may amount to derogatory treatment of these Images within the meaning the relevant law. You waive any rights of attribution and integrity you may have in the Images under any applicable law;
- You agree that the terms of this Release take precedence over any terms and condition issued by you and to the extent of any inconsistency between the terms of this Release and any terms and conditions issued by you, the terms of this Release will prevail; and
- You warrant that you are over eighteen (18) years of age and that you have read and understand the authorizations, releases, and other terms of this Release prior to signing this Release.