Kiehl's Creator Community

"Kiehl's Creator Community"

TERMS AND CONDITIONS

1. Organiser

1.1 This "Kiehl's Creator Community" (“Contest”) is organised by Kiehl's under the Organiser, L'Oreal Singapore Pte Ltd (Company Registration No.: 199001413D). This Contest shall be governed by the Specific Terms and the General Terms as particularly detailed hereinunder (collectively referred to as “Terms and Conditions”). The Organiser reserves the right in its sole discretion, without prior notice and without any liability to any person at any time, to change and/or amend the Terms and Conditions herein.

SPECIFIC TERMS

2. Contest Period

2.1 This Contest will run from January 15, 2024 at 12:00:00 AM to December 31, 2024 at 11:59:59PM Singaporean time (“the Contest Period”).

3. Contest Mechanic and Entry Method

3.1 This Contest is open to any Singaporean citizen and resident, eighteen (18) years old and above, with a valid Singapore National Registration Identity Card and residential address in Singapore who owns at least one social media account on Instagram or Tiktok (“Social Media Account”):

· with a minimum of 500 followers

· with a public profile setting

· that is not a shared account (Participant must be the sole owner of the participating Social Media Account)

(“Eligible Participant”).

3.2 Eligible Participants are allowed to submit multiple entries for this Contest. To participate, Eligible Participants are required to:

3.2.1 Phase 1:

a) Locate the Contest application link available on Kiehl’s Singapore Official Social Media Accounts:

· Kiehl’s Singapore Official Facebook Page at https://www.facebook.com/KiehlsSingapore/ or

· Kiehl’s Singapore Official Instagram Account at https://www.instagram.com/kiehlssg/?hl=en

b) Complete and submit the Contest Participation Form with accurate, complete details of:

· Full Name

· Phone Number

· Email Address

· Optional 1-min short introduction video/additional portfolio (upload through a One Drive/canva link) to include

o Participant’s interests (beauty, skincare, fashion etc.)

o Participant’s journey in content creation

o Anything the Participant would want to share with Kiehl’s (hobbies, experience with Kiehl’s etc)

o Social media handle(s) (Instagram/Tiktok/Twitter/ Tiktok etc. accounts with public profile setting.

(collectively, the “Entry”)

3.2.2 Phase 2 (For Shortlisted Participants):

a) Based on the quality, originality and the creativity of the Entries, the Organiser will shortlist a total of two hundred (200) Eligible Participants (“Shortlisted Participants”) based on quality, originality and creativity of the Entries across all social media platforms of Tiktok and Instagram comprising of 100 Shortlisted Participants selected from first half of the Contest Period from January 2024 to June 2024 (“H1”) and another 100 Shortlisted Participants selected from the second half of the Contest Period from July 2024 to December 2024 (“H2”).

b) The Organiser will contact the Shortlisted Participants through the email addresses provided by the Winners in the Contest Participation Form. Shortlisted Participants will be given the opportunity to take part in selected Kiehl’s campaigns with exclusive access to events, masterclasses with goodie bags.

c) For each Kiehl’s campaigns that the Shortlisted Participants are given the opportunity to participate, corresponding PR Kits will be given and the Shortlisted Participants are required to create and upload contents relating to the respective Kiehl’s campaigns and the PR Kits provided on their Social Media Account(s) (“Contents”) within one (1) month of receipt of the PR Kits, failing which, the Organiser reserves the right to disqualify him/ her from the Contest.

d) Throughout the Contest Period, Shortlisted Participants may opt for their own strategies in organically boosting their Social Media Account(s), for example:

· Create multiple Contents revolving the Kiehl’s PR kit on their Social Media Account(s)

· Upload Contents on multiple social media platform platforms

· Upload Contents in multiple languages (English, Malay, Mandarin, Tamil)

*Paid Boosting is strictly not allowed

3.3 All Contents produced and Entries submitted by the Participants must be original and shall not breach any intellectual property rights belonging to any party. The Participants shall not pose, distribute, reproduce or submit in any way whatsoever, any materials containing any other party’s intellectual property rights, including but not limited to copyrights, or other proprietary information owned by another party without obtaining the prior written consent of the owner of such intellectual property rights.

4. Winner Selection Process

4.1 A total of four (4) Winners across all social media platforms of Instagram and Tiktok will be selected, comprising of 2 Winners selected from the Shortlisted Participants from H1 and another 2 Winners selected from the Shortlisted Participants from H2.

4.2 Winners will be selected from the Shortlisted Participants based on the criteria below in the Organiser’s sole and absolute discretion, subject to full compliance and completion of the Contest Mechanic and Entry Method:

· Quality, originality and creativity of the Entries/ Contents produced

· Relevancy of the Entries/ Contents produced to Kiehl’s campaigns

· Organic reach of Contents produced , Organic engagement rate of the Contents produced

4.3 The Organiser’s decision shall be final, conclusive and binding, no further correspondence, appeals and attempts to dispute the Organiser’s decision shall be entertained.

(each shall be referred to as the “Winner”, and collectively as the "Winners")

5. Winner Announcement

5.1 The Organiser will announce Winners after the end of Contest Period on Kiehl’s official website / Facebook / Instagram/ TikTok page and/or will contact Winners through the email addresses provided by the Winners in the Contest Participation Form at the end of H1 and H2 respectively (“Notification”). Notwithstanding anything stated herein, the Organiser reserves its right to announce the Winners by any reasonable means as it deems fit.

5.2 Unless mentioned otherwise in the Notification, all Winners are responsible to respond to the Notification within seven (7) working days from the date of Notification. If the Winner cannot be contacted or fails to respond to the Organiser and/or its appointed agency within the stipulated period, or fails to comply with the instructions given by the Organiser for the redemption of Prize, the Organiser reserves the right to disqualify the Winner and forfeit the respective Prize and/or to select a replacement winner based on the same criteria at the sole discretion of the Organiser.

6. Prizes

6.1 A total of foue (4) Winners across all social media platforms of Instagram or Tiktok will be selected, comprising of 2 Winners selected from the Shortlisted Participants from H1 and another 2 Winners selected from the Shortlisted Participants from H2. Each Winner will win two (2) paid engagements, worth approximately S$ 1500.00 (S$ 500.00 cash and S$ 250.00 worth of Kiehl’s products) with Kiehl’s.

(each shall be referred to as a “Prize”, and collectively as the “Prizes”).

6.2 The Prizes are not transferable, not refundable and not exchangeable for cash, credits or any other form of substitutes. In the event the Prizes contain a specific date of utilisation or redemption, no requests for reinstatements, extensions, replacements or refunds shall be entertained. The Prizes are also subject to execution of a formal contract and/or other applicable terms and conditions

6.3 Pictures of Prizes shown on the Contest announcements are for illustration purposes only and may differ from the actual item. Price shown (if any) is correct at the time of publishing.

GENERAL TERMS

1. DEFINITION

In these General Terms of Contest, “Organiser” means L'Oreal Singapore Pte Ltd (Company Registration No.: 199001413D), a company incorporated and validly existing under the laws of Singapore and having its business address at 1 Raffles Quay, North Tower, #47-01, Singapore 048583. “Participant” means the person, submitting entries for the Contest. “Prizes” means the item given as a reward to winner of the Contest. “Contest” means any competition, giveaway or promotion describe in this Terms and Conditions.

2. ELIGIBILITY

2.1 This Contest is open to any Singaporean citizen and resident, eighteen (18) years old and above, with a valid Singapore National Registration Identity Card and residential address in Singapore (“Participant”).

2.2 The following group of persons shall not be eligible to participate in this Contest:

(a) Employees of the Organiser [including its affiliated and related companies] and their immediate family members [children, parents, brothers and sisters, including spouses]; and/or

(b) Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organiser [including its affiliated and related companies], and their immediate family members [children, parents, brothers and sisters, including spouses].

3. DISQUALIFICATION

3.1 The Organiser reserves the right to exclude and/or disqualify a Participant and/ or revoke the Prizes if it reasonably determines in its sole discretion that the Participant:

(a) does not satisfy the eligibility criteria of the “Participant” in clause 2 or unable to provide proof of eligibility to participate in the Contest for verification by Organiser when requested;

(b) submitting unclear, incomplete, duplicate, copies, illegible or incorrect Entries;

(d) undermines, has or attempted to undermine the operation of the Contest by fraud, cheating or deception.

4. CONTEST ENTRIES

4.1 By submitting an Entry and participating in this Contest, Participant is deemed to have carefully read and understood and agreed to be bound by the General Terms of Contest.

4.2 All costs and expenses incurred and/or arising from the participation in the Contest, including without limitation, telecommunications, network, Short Messaging Services, postal and all such other charges and out-of-pocket expenses as may be incurred by the Participant during or in connection with the Contest shall be borne by the Participant.

4.3 Proof of submission of an Entry is not proof of receipt, and the Organiser shall not be liable for any delay, lost, damaged and/or non-receipt of submissions. The Organiser shall not be responsible or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of its telecommunications network or lines, computer online systems, servers or providers, computer equipment, software, failure or e-mail or players on account of technical problems or traffic congestion on the Internet.

5. PROHIBITED CONTENT

5.1 Below is a partial list of content that is illegal or prohibited to be posted in connection with this Contest. Posting of any of this content by the Participant may, in the Organiser’s sole discretion, result in termination of participation in addition to the disqualification of participation. In addition, the Organiser reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication, account and reporting such violators to the appropriate legal authorities.

5.2 Prohibited content includes, but is not limited to, contents which, in the Organiser’s sole judgment:

(a) is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) include ingredients that are offensive to other religious practices and/or competitive products that appear in the photographs;

(d) involves the transmission of "junk mail", "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;

(e) includes any information that (1) the Participant knows is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;

(f) constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or links to pirated music files;

(g) displays obscene, pornographic or sexually explicit material of any kind;

(h) includes material that exploits people in a sexual or violent manner; and/or

(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

6. PUBLICITY

6.1 The Organiser may use a Participant’s Entry including without limitation, photos, drawings, text, and any other content or information submitted for purposes of the Contest (collectively the “Materials”), and the Participant’s name, and/or likeness, for advertising, publicity and promotion of any goods or services of the Organiser, for an unlimited time throughout the world without compensation, and in any media. The Participant shall do all things necessary to give effect to this if requested by the Organiser.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 By submitting an Entry, the Participant agrees and acknowledges that:

(a) all intellectual property rights thereto shall belong to the Organiser. The Organiser shall have the exclusive right to use, edit, modify and publish the entry submitted by the Participants, publish the names of the Participants, in any way it deems fit for any advertising, trade, promotional purpose and for any other reason whatsoever, without any further notice to the Participants and the Participants shall not claim ownership or any payment or compensation on the materials. For the avoidance of doubt, the Organiser will not edit the Participant’s submissions for judging purposes;

(b) all Entries submitted by the Participant must be original and shall not breach any intellectual property rights belonging to any party. The Participants shall not pose, distribute, reproduce or submit in any way whatsoever, any materials containing any other party’s intellectual property rights, including but not limited to copyrights, or other proprietary information owned by another party without obtaining the prior written consent of the owner of such intellectual property rights or proprietary information. If Participant believe the Participant’s Entries has been copied and posted on in a way that constitutes an intellectual property infringement, please contact the Organiser.

8. INDEMNITY

8.1 Each Participant agrees to indemnify, release and hold harmless each of the Organiser, its holding, subsidiary or related companies, directors, officers, employees, agents, sponsors and/or representatives against any and all losses, rights, claims, actions and damages (including special, indirect and consequential damages) arising from or incurred as a result of the Participant’ participation in the Contest, acceptance of any Prize, and/or the use of the Participant’ entry and/or likeness in connection with the Contest or violation of these Terms and Conditions.

9. LIMITATION OF LIABILITY

9.1 The Participant’s participation in the Contest shall be at the Participant’s own risk.

9.2 The Organiser, L’Oréal Group and/or its affiliates, its, directors, officers, employees, agents, sponsors and/or representatives shall not be liable to any Participant in respect of any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained by the Participant arising out of or in connection with the participation by the Participant in the Contest, as well as the redemption and/or utilisation of any Prize won.

9.3 Participant shall assume full liability and responsibility in case of any liability, mishap, injury, damage, claim or accidents (including death) resulting from their participation in this Contest, redemption and/or utilization of the Prize.

9.4 All transportation, accommodation, personal costs and/or any other costs, fees, taxes and/or related expenses that are incurred to participate in this Contest and to redeem the reward is the sole responsibility of the Participant(s).

9.5 The Organiser shall also not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet.

9.6 Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these terms and conditions apply to this Contest nor in respect of the Prizes and all implied warranties are excluded, including but not limited to, the implied warranties of satisfactory quality, merchantability or fitness for a particular purpose of any of the Prizes.

9.7 The Prizes are non-transferable, non-exchangeable, non-redeemable or substituted for cash, voucher, merchandise or any other substitutes. The Prizes may be subject to additional terms and conditions imposed by relevant sponsors, merchants and/or suppliers where Participants agree to be bound by any applicable terms and conditions by participating in this Contest accordingly.

10. RIGHTS OF THE ORGANISER

10.1 The Organiser reserves the right to modify, suspend or cancel this Contest in the event that it becomes not capable of running as planned, technically interfered or corrupted, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Organiser, despite the best efforts of the Organiser.

10.2 The Organiser reserves the right in its sole discretion, without prior notice and without any liability to any person at any time, to change these Terms and Conditions including to change the Contest Period, Prizes, Contest Mechanic and Entry, if required for the smooth running of the Contest.

10.3 The Organiser reserves the right in its sole discretion to substitute any of the Prizes with alternative prizes of similar value at anytime without prior notice. The Prizes are given on an “as is” basis.

11. DATA PROTECTION AND PRIVACY NOTICE

11.1 By participating in the Contest, the Participants are deemed to have read, understood and agreed to the Organiser’s privacy policy provided at https://www.loreal.com/en/singapore/pages/group/privacy-policy-singapore/("Privacy Policy") for the purpose of the Contest participation ("Purpose"). Please note that it will be necessary for you to provide the Personal Data as required, without which the Organiser will not be able to process the same for the Purpose.

11.2 At times, the Organiser may retain authorized third parties to process the Participant’s Personal Data. The authorized third parties are contractually bound to take reasonable measures to keep information secure and not to use the Participant’s Personal Data in any way other than that which is specified here and in the Privacy Policy.

12. GENERAL

12.1 In the event of any inconsistency between these Terms and Conditions and the terms of any advertising, marketing or promotional materials distributed in relation to the Contest, the Terms and Conditions herein shall prevail.

12.2 The Organiser, its agents, sponsors and/or representatives shall not be liable to perform any of their obligations in respect of the Contest and the Terms and Conditions where they are unable to do so as a result of circumstances beyond their control and shall not be liable to compensate the Participant in any manner whatsoever in such circumstances.

12.3 Any names, trademarks or logos used and or reproduced in any materials (including marketing and promotional materials) in connection with this Contest, in particular that relates to the Prize, are the properties of their respective owners. This Contest and the Organiser are not affiliated with, or endorsed or sponsored by, the relevant owners, unless otherwise communicated, and such owners are not part of the Organiser’s group of companies.

12.4 The Participant shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organiser shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organiser.

12.5 The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Contest.

12.6 By participating in the Contest, Participants agree to be bound by the decisions of the Organiser. Participant(s) who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behaviour is prohibited. The Organiser will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Organiser’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Organiser, the Organiser reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Organiser deems appropriate. All decisions will be made by the Organiser and are final, conclusive and binding.

12.7 The Organiser may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Organiser reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.

12.8 The Terms and Conditions of the Contest shall be construed, governed and interpreted in accordance the laws of Singapore, and shall be subject to the exclusive jurisdiction of the courts of Singapore.

12.9 For any questions concerning the Contest, and these Terms and Conditions, please email to Customer Hotline at [email protected] or call Customer Hotline at 1800-838-3388 .