Face of Bread Terms and Conditions

“Face of Bread” Competition Terms and Conditions

By your entrance into Bread Beauty Inc.’s “Face of Bread” competition (the “Competition”), you hereby agree to the following official terms and conditions of the Competition (the “Terms”):

1. Eligibility: The Competition is open to legal residents of the United States, including the District of Columbia, and Australia, who are 18 years of age or older at the time of entry. Employees, shareholders, officers, directors and agents of Bread Beauty Inc. (“Sponsor”) and its respective parents, affiliates, subsidiaries and advertising and promotion agencies, and the immediate family members (spouse and parents, children, siblings and their respective spouses, regardless of where they reside) of, and/or those living in the same household of each, whether or not related, are not eligible to enter the Competition. The Competition is subject to all applicable federal, state and local laws and regulations. Sponsor is responsible for fulfilling the Prizes for the Competition and for the administration of this Competition. No purchase is necessary to enter.

2. Entry Period: Entrance into the Competition shall be open from September 30th, 2022 at approximately 12pm PST and will end on October 23rd, 2022 at approximately 11:59pm PST (“Entry Period”).

3. How to Enter: To enter, during the Entry Period, an eligible entrant (an “Entrant”) must both (i) register at https://breadbeautysupply.com/face-of-bread and (ii) post at least one video demonstrating Entrant’s hair routine (“Video”) to either or TikTok or Instagram Reels (either a “Post”), and include all of the following tags in the Post: @Ultabeauty; @bread; #breadhead.

4. Prizes: There will be one (1) winner of the Competition (“Winner”) who will be selected to be the next face Bread Beauty Supply, and who will be required to participate in two (2) days of photography and shoots, and other creative capturing of Winner, for the creation of images and other content (“Photo Shoot”)to be used by Sponsor in its advertising, marketing and promotional material, including but not limited to placing such advertising, marketing and promotional material (a) in stores, whether belonging to Sponsor, Sponsor’s business partners or retailers who sell Sponsor’s products (b) online, including but not limited to on social media and marketplaces of Sponsor, Sponsor’s business partners or retailers who sell Sponsor’s products, (c) outdoors, and (d) in direct mail materials.

The Photo Shoot shall occur in December 2022 or January 2023, with the exact date to be determined by Sponsor in its sole discretion. Notwithstanding the foregoing, Sponsor reserves the right to reschedule the Photo Shoot to any in 2023 as necessary. In exchange for the Grand Prize (as defined below), the Winner will be required to agree to provide Sponsor with all rights and permissions necessary for Sponsor to use Winner’s name, image and likeness in any advertising, marketing and promotional material in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

The Winner will be award one (1) grand prize (“Grand Prize”) consisting of (a) round-trip airfare from the Winner’s city of residence to one of (i) New York City, New York, (ii) Los Angeles, California, (iii) Melbourne, Australia or (iv) Sydney, Australia to participate in the photo shoot and (which city shall be chosen by the Sponsor, in its sole discretion, based on the city of residence of the Winner), (b) two (2) nights’ accommodation in the city chosen by the Sponsor, and (c) a supply of Sponsor’s products with a retail value equivalent to approximately $1,000, with the specific products to be awarded to be determined by Sponsor in its sole discretion. (The total approximate retail value (“ARV”) of the Grand Prize is $5,000).

There will be twenty (20) runner-up prizes (each “Runner-Up Prize,” and with the Grand Prize, the “Prizes”) awarded to the runners up of the Competition (each a “Runner-Up”), which Runner-Up Prizes will consist of a supply of Sponsor’s products with a retail value equivalent to approximately $500, with the specific products to be awarded to be determined by Sponsor in its sole discretion (ARV of $10,000).

All federal, state and local taxes, if any, as well as any other costs and expenses associated with acceptance and use of the Prizes are the responsibility of each winner of a Prize. No transfer, cash equivalent or substitution of the Prizes, except by Sponsor, who reserves the right to substitute a Prize of comparable or greater value, at Sponsor’s sole discretion. The Prizes will be awarded “as is” with no warranty or guarantee, either express or implied.

5. Selection of Prize Winners: The Winner of the Competition will be and Runners-Up will be determined by Sponsor, in its sole discretion, on the basis of the creativity and quality of the Video, the embodiment in the Video of the criteria set forth in Section 3 and the embodiment in the Video of Sponsor’s brand.

Receiving a Prize is contingent upon compliance with these Terms and any eligibility requirements, as determined by Sponsor in its sole discretion.

POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION OF ELIGIBILITY BY SPONSOR, WHOSE DECISIONS REGARDING SUCH ELIGIBILITY ARE FINAL AND BINDING.

The potential Winner and Runners-Up will be notified by Sponsor via email by no later than November 9, 2022. If a prize notification is returned as undeliverable or a potential winner of a Prize is not in compliance with these Terms, such potential winner shall be declared ineligible to receive a Prize. At Sponsor’s discretion, any Prizes that have not been awarded due to a potential winner being declared ineligible may be awarded to other Entrants.

6. Publicity Grant: Except where legally prohibited, each Entrant, by entering the Competition and creating and publishing a Video, grants permission for Sponsor and each of its respective designees to use Entrant’s name and/or any username Entrant may use and/or any Post or Video published by Entrant and prize information for advertising, marketing and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. To the extent a winner is located in a jurisdiction where such license grants are not permitted to the full extent as provided above, such winner agrees to grant to Sponsor the rights as permitted in their jurisdiction, if any.

7. Release: To the extent permitted by law in your jurisdiction, you agree to these Terms and the decisions of the Sponsor, and release the Sponsor and their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and all other businesses involved in this Competition, as well as all of their respective directors, employees, representatives and agents (collectively, the “Released Entities”), from all claims and liability relating to their participation in the Competition and the acceptance and use/misuse of the Prize offered. You assume all liability for any injury or damage caused or claimed to be caused by participation in this Competition or use/misuse or redemption of the Prizes. Released Entities are not responsible for errors or problems of any kind whether human, typographical, printing or otherwise relating to or in connection with the Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the announcement of the Prizes or in any Competition-related materials. Any entry that is tampered with, forged, illegible, mutilated, altered, duplicated, or obtained through unauthorized distribution channels will be disqualified. Persons who tamper with or abuse any aspect of the Competition, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by Sponsor, will be disqualified, and all associated Prizes claims will be void. Should any portion of the Competition be, in Sponsor’s sole opinion, compromised by fraud, technical failures, human error, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair integrity of the Competition, Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Competition and award any unclaimed Prizes as otherwise deemed fair and appropriate by Sponsor.

8. Indemnity: You agree to indemnify, defend and hold harmless the Released Entities from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) your participation in the Competition; (b) a breach or allegation which if true would constitute a breach, of any of your representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prizes, including without limitation, personal injury, death and property damage arising therefrom.

9. Use of Personal Data: Any personal data that you provide to Sponsor in connection with a Competition will only be used by Sponsor consistent with and pursuant to these Terms, including, but not limited to, (a) determining a Entrant’s eligibility, (b) awarding a Prize and (c) per the Publicity Grant provided for herein.

10. Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Competition or any Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, entrant’s rights and obligations, or the rights and obligations of the Sponsor or in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the state of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.

ALL ENTRANTS AND PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS COMPETITION WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Names of Winner and Runners-Up: For the names of the Winner and Runners-Up (available after November 13th, 2022), interested parties should send an email to hello@breadbeautysupply.com to receipt by no later than November 30th 2022. Sponsor shall inform all interested parties within 7 days of such email receipt.

Sponsor: Bread Beauty Inc.