Lipikar Families Campaign

Transcription

1 Lipikar Families Campaign Introduction 1 L Oréal Australia Pty Ltd (ABN ) of 564 St Kilda Road, Melbourne VIC 3004 and its related bodies corporate (L Oréal) are conducting the Lipikar Families Campaign which is designed to bring together families whose children have very dry or eczema prone skin so that they may share information and ideas about the treatment of their children s skin conditions, including discussing use of Lipikar products (Campaign). 2 The Campaign has two elements: (i) (ii) families will be selected to participate in the Campaign in accordance with the terms and conditions set out in the first part of this document; and selected participants will be invited to share stories and photos describing their child s or children s experiences with very dry or eczema prone skin in an online forum operated by L Oréal (the Forum). Section 1: Conditions of Application 3 These conditions govern the application and selection process of families to participate in the Campaign: Participation Restrictions Open only to Australian residents aged 18 or over who have one or more children under the age of 18 years who have very dry or eczema prone skin and who agree to participate in the Campaign. Application Period 9:00am (AEST) on 15/05/15 to 9:00am (AEST) on 12/06/15. Application Method Selection for the Campaign Campaign Participation To apply to be a part of the Campaign, applicants must during the Application Period: visit Home/al17561.aspx and follow the prompts to the subscription form (available at and fully complete and submit the online application form including by answering the following question in 150 words or less: What are your motivations for taking part in the Lipikar Families program?, and providing any additional information as required by L Oréal. The 100 valid applications that L Oréal considers best represents a cross section of families and experiences of very dry or eczema prone skin will be selected to participate in the Campaign. Each selected family (Participant) will receive a delivery of the following products each month for three months (Products): One 400ml bottle of Lipikar Balm AP valued at up to $39.95 (inc GST) per product. One 400ml bottle of Lipikar Syndet valued at up to $32.95 (inc GST) per product. Each Participant will also receive an educational book on eczema and other skin conditions. Each Participant will be required to log in to the Forum at least once per month (for a period of three consecutive months) to share their experiences (and photographs if they wish) of their child s or children s skin condition(s) and their use of the Lipikar products. Application Limits See the Forum Terms of Use for further details. Applicants may only submit one application.

2 Selection Notification The successful Participants will be notified by . 4 Information regarding participation in the Campaign and how to apply form part of these conditions. By applying, applicants accept these conditions. 5 Applicants must apply to participate in the Campaign during the Application Period. 6 Each applicant will receive a return online notification confirming their successful application into the Campaign. By submitting an application, applicants consent to receiving this electronic message. 7 Applications are deemed to be received at the time they are received by L Oréal s database and not at the time of submission by the applicant. L Oréal has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. L Oréal is not liable for any consequences of applicant error including (without limitation) costs incurred. Applicants who apply using multiple addresses, phone numbers or aliases may be disqualified. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated applications may be disqualified. 8 L Oréal is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible applications, correspondence or claims due to error, omission, tampering, theft, destruction or otherwise. 9 Chance plays no part in determining the selection of participants. Each valid application will be individually assessed (by representatives of L Oréal). 10 Each application, including each 150 words or less statement (Statement), must be the applicant s original work. By applying to participate in this Campaign, applicants: (c) consent to L Oréal making copies of or publishing the whole or any part of their application (including the Statement) and otherwise exploiting the application and any rights in relation to the application, to publicise this Campaign or for any other purposes; undertake to L Oréal that their application is not, and its use by L Oréal will not be, in breach of any third party intellectual property rights; and acknowledge that their Statement and their name may be made publicly available by L Oréal (in its absolute discretion) and may be made accessible to the general public. 11 The successful Participants will be notified in accordance with the Selection Notification section of these conditions. 12 Successful Participants will be provided with information regarding how to access and participate in the Forum, including log-in details. Use of and access to the Forum is subject to the Forum Terms of Use (and any instructions or directions issued by L Oréal) at all times. 13 Applicants and Participants must, at L Oréal s request, participate in all promotional activity (such as publicity and photography) surrounding the Campaign, free of charge, and they consent to L Oréal using their names and images in promotional material. 14 Participants acknowledge and agree that they will receive no remuneration or other compensation (other than as stated in the Campaign Participation details) for their participation in this Campaign or the Forum, and/or for use of their testimonials, photographs, footage, names and any other items provided by or on behalf of the Participant as part of the Campaign. 15 L Oréal may require Participants to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at L Oréal s discretion. 16 All applicants and Participants must comply with all directions and instructions issued by L Oréal while participating in the Campaign. L Oréal reserves the right to disqualify any

3 applicant and Participant who fails to fully comply with its directions and instructions or these conditions. 17 If an applicant or Participant is deemed not to comply with these conditions, that applicant or Participant will be disqualified and will no longer be permitted to participate in the Campaign (and, where applicable, will have no further access to Forum). 18 L Oréal may, in its sole discretion, disqualify any application from, and prohibit further participation in this Campaign by, any person (including without limitation a Participant) who tampers with or benefits from any tampering with the application process or with the operation of the Campaign or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of L Oréal or any of its related bodies corporate or the agencies or companies associated with this Campaign, is contrary to law or is otherwise inappropriate. 19 L Oréal s decision in respect of all aspects of the Campaign is final and no correspondence will be entered into. 20 The Products as described in the Campaign Participation details are not transferable or exchangeable and cannot be redeemed for cash. L Oréal may vary the Products in its absolute discretion and at any time. 21 L Oréal and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including, without limitation, allergies, skin conditions or other reactions), illness or death which is suffered or sustained (whether or not arising from any person s negligence) in connection with this Campaign or accepting or using any Product, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). 22 Without limiting the previous paragraph, L Oréal and its associated agencies and companies will not be liable for any damage, loss or delay in transit to Products. Products will be delivered in Australia only. 23 L Oréal may communicate or advertise the Campaign using Facebook. However, the Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook. Applicants are providing their information to L Oréal and not to Facebook. Each applicant completely releases Facebook from any and all liability. 24 If for any reason any aspect of the Campaign is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of L Oréal, L Oréal may in its sole discretion cancel, terminate, modify or suspend the Campaign, or invalidate any affected applications. 25 All applications will be the property of L Oréal. The information applicants provide will be used by L Oréal for the purpose of conducting the Campaign. L Oréal may collect applicants personal information (including through its contractors or agents) or disclose applicants personal information to its contractors and agents to assist in conducting the Campaign or communicating with, or developing its relationship with, applicants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By submitting an application, applicants consent to the storage of their personal information on L Oréal s database and L Oréal may use this information for future competition and marketing purposes regarding its products, including contacting the applicant via electronic messaging. By submitting an application, applicants consent to receiving SMS or messages from L Oréal. L Oréal is bound by the Privacy Principles in the Privacy Act Applicants can request access to the personal information L Oréal holds about them by contacting L Oréal at the address stated in paragraph 1 of these conditions. L Oréal s Privacy

4 Policy, located at contains information about: how applicants can seek access to the personal information L Oréal holds about them and seek the correction of such information; and how applicants can complain about a privacy breach and how L Oréal will deal with such a complaint. Section 2: Forum Terms of Use 26 The Forum is a place where Campaign Participants can share their experiences of living with very dry or eczema prone skin. L Oréal has set the following Terms of Use for the Forum to help it keep the Forum a friendly and respectful place for all Participants. Participant s use of and access to the Forum is subject to their ongoing compliance with these Terms of Use. 27 Participants may use the Forum to submit comments, photos and various other content (Forum Post). 28 Participants must use the Forum in a responsible manner and in compliance with all relevant laws, regulations, standards and codes. Participants acknowledge that the Forum is intended to facilitate the sharing of families experiences with very dry or eczema prone skin and may contain content that relates or refers to children (including photographs). Each Participant acknowledges and agrees that it is a condition of using and accessing the Forum to treat all information and content (including any information and content that forms part of a Forum Post) with respect, maturity and otherwise in accordance with these Terms of Use (particularly if the content relates or refers to children). 29 Participants must not: (c) (d) (e) (f) post any Forum Post which is offensive, abusive, inflammatory, racist, obscene, profane, discriminatory, hateful, misleading, deceptive or unlawful; copy, publish, distribute, modify, adapt, distort or enhance any of the content or information on the Forum that is not their Forum Post; use the Forum in any way to defame, harass, threaten, menace or offend any person or in a way which inhibits another person from using or enjoying the Forum; use another person s name, username or password on the Forum or to access any content on the Forum; submit any image of or personal information about any other person in any Forum Post without that person s express consent; or use the Forum to post spam, marketing materials or other promotional materials for themselves or another person or business. 30 In accessing and using the Forum, Participants: (c) (d) consent to L Oréal making copies of or publishing their Forum Posts and otherwise exploiting their Forum Posts and any rights in relation to the Forum Posts, to publicise the Campaign, Lipikar products or for any other purposes; undertake to L Oréal that their Forum Posts are not, and their use by L Oréal will not be, in breach of any third party intellectual property rights; undertake not to use in any way outside the Forum any other Participant s name or user profile, or any Forum Post (in whole or part) that is contributed (in whole or part) by any other Participant; grant L Oréal a world-wide, royalty free, perpetual, irrevocable, transferrable licence (with a right to sublicense) to use their Forum Posts and/or their name,

5 (e) (f) (g) (h) (i) (j) image and likeness for any purpose (including promotional and market research purposes); acknowledge that their Forum Posts and their name will be accessible to other Forum participants and may also be made publicly available by L Oréal; warrant that they own or have the right to license the copyright in each Forum Post and that L Oréal s use of the Forum Posts will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation); warrant that their Forum Posts do not include any content that contravenes any law, infringes the rights of any third party, is obscene, offensive, discriminatory, indecent, otherwise objectionable or inappropriate or makes any improper or inappropriate invasion of the privacy of any person. Participants must not include any content that involves nudity, malice or which may be defamatory or in contempt of court; warrant that their Forum Posts do not include any literary, dramatic or artistic work, or any other item in which copyright subsists, unless the Participant is entitled to do so; warrant that the information included in Forum Posts is based on their and their families genuine experience with very dry or eczema prone skin and Lipikar products; and acknowledge that L Oréal may use their Forum Posts for any purpose. 31 L Oréal reserves the right to review, edit, move or delete any Forum Post or other material displayed on or through the Forum at any time and without notice if it considers (in its judgment) that the Forum Post or material breaches these Terms of Use, is otherwise unsuitable or if L Oréal thinks that it is appropriate to do so. L Oréal will have no liability to Participants or any other person who accesses the Forum if it exercises this right. 32 Participants indemnify L Oréal from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss or damage incurred by L Oréal as a direct or indirect consequence of the Participant s access to and use of the Forum. 33 Participants that don t follow the Terms of Use may be restricted or banned from the Forum. 34 The contents of the Forum are protected by intellectual property laws in Australia, New Zealand and overseas and is owned by L Oréal or its licensors. Participants acquire no rights or licenses in or to the Forum other than the right to use the Forum in accordance with these Terms of Use. 35 The Forum may include trade marks which are protected by law. Participants may not use L Oréal s trade marks without its prior written consent. Third-party trade marks referenced on the Forum are the property of their respective owners. 36 L Oréal makes no warranties or representations, express or implied, in relation to use of the Forum or as to the accuracy, completeness or any other aspect of the information contained on the Forum. L Oréal will not be liable for any loss or damage in any form a Participant or any other person may suffer directly or indirectly from use of the Forum. Use of the Forum is at each Participant s own risk and the Forum content is provided as is. 37 Any personal information collected by L Oréal through a Participant s use of the Forum will be dealt with in accordance with L Oréal s Privacy Policy. 38 Participants are solely responsible for any Forum Posts or other materials which they post or upload on the Forum, or which is posted by another person using that Participant s user name or password.

6 39 L Oréal is not liable for any technical difficulty or error that results in any Forum Post being wholly or partly unavailable for online access, for any period of time. 40 To the maximum extent permitted by law, L Oréal (and its directors, officers, employees and agents) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including, without limitation, allergies, skin conditions or other reactions), illness or death which is suffered or sustained (whether or not arising from any person s negligence) as a result of using the Forum or any content, information or service available on or from the Forum, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these Terms of Use restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). 41 L Oréal reserves the right to amend these Terms of Use at any time. Continued access to and use of the Forum will constitute each Participant s acceptance of any changes to these Terms of Use.