Lancôme® Australia Customer Service Details

Terms & Conditions of Sale by Lancôme® Australia

Customer service terms of sale

Thank you for accessing www.lancome.com.au (the "Website"). Please read these terms and conditions (the "Terms") before using the Website which is operated by LANCÔME a brand of L’Oréal Australia Pty Limited (ABN 40 004 191 673), whose registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 ("L’Oréal"). By using the Website, you signify your acceptance of the Terms in consideration of which L’Oréal provides you with access. From time to time L’Oréal may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time L’Oréal may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

NO RELIANCE

While L’Oréal has endeavoured to ensure the accuracy of the information accessed via the Website, L’Oréal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

LINKS

There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of L’Oréal and L’Oréal is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by L’Oréal in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which L’Oréal does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material ("Content") is protected by copyright, trade mark and/or other proprietary rights. The Content includes both content owned or controlled by L’Oréal and content owned or controlled by third parties and licensed to L’Oréal. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.

You may not use any of L’Oréal's trademarks or trade names without L’Oréal's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

You agree to notify L’Oréal in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

Download of Content from the Website is permitted by L’Oréal provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

PERMISSIONS

If you would like information about obtaining L’Oréal's permission to use any of the Content or if you would like to link your website to the Website, email your enquiry to L’Oreal Consumer Affairs Department at 564 St Kilda Road, Melbourne, Victoria 3004 or by telephone on 1300 659 359 or by email lorealaustraliaconsumeraffairs@loreal.com

NO WARRANTY

The Website and the Content are provided "as is". L’Oréal excludes all guarantees and warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of guarantees and warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L’Oréal further accepts no responsibility or liability for functions contained on the Website and makes no guarantees or warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied guarantees and warranties, so some or all of the above exclusions may not apply to you.

L’Oréal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and L’Oréal is not liable for any damage you may suffer as a result of such destructive features.

L’Oréal shall not be held responsible for Content provided by third parties. L’Oréal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.

These Terms do not affect your statutory rights or your legal rights as a consumer. Where terms are implied by statute, they are excluded to the extent permissible by law. If they cannot be excluded, L’Oréal’s liability will (where permissible by law) be limited to:
• in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, at L’Oréal’s election; and
• in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, at L’Oréal’s election.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Content, is at your own risk. If you are dissatisfied with the Website, the Terms, or any or the Content, your sole remedy is to discontinue use of the Website.

To the extent permitted by law, L’Oréal excludes all liability to you and all third parties for any direct, special, indirect, consequential or incidental costs, losses, expenses and damages, exemplary or lost profits, or any other damages of any kind incurred in any way (including negligence), even if L’Oréal has been advised of the possibility thereof, connected with any use or access to the Website.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.

L’Oréal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:

(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you:
(a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such third party accesses the Website using your computer.
You agree to pay L’Oréal, its employees, representatives and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TERMINATION

L’Oréal has the right to terminate or suspend operation of the Website, for any or no reason, without notice and without liability.

CHANGES TO THE WEBSITE

You accept that L’Oréal has the right to change the content or technical specifications of any aspect of the Website at any time at L’Oréal's sole discretion. You further accept that such changes may result in your being unable to access the Website.

COOKIES

We may collect information about your computer IP address, browser type and use cookies for system administration and to collate aggregate information. This is statistical data about our users' browsing actions and patterns that does not identify any individual. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. They help us to improve our Website and to deliver a better and more personalised service to you and other users by enabling us:

- To estimate our audience size and usage pattern.
- To store information about our users' preferences and to allow us to customise our Website according to our users' individual interests.
- To speed up your searches.
- To recognise users' when they return to our Website.

By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. However, if you choose to reject all cookies, you may be unable to use parts of the Website.

TRANSMISSION AND FEEDBACK OF INFORMATION

Any personal information you transmit through this Website is subject to L’Oréal's privacy policy.
You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.

You agree that L’Oréal may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.

SEVERANCE & WAIVER

If any provision of the Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term.

ENTIRE AGREEMENT

Except as provided herein, the Terms are the entire agreement between us relating to the Website and supersede any prior understanding or agreements (written or oral).

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.

LANCÔME JUICY SHAKER COMPETITION Terms & Conditions ("Conditions of Entry")

The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.
Schedule
Promotion: LANCÔME JUICY SHAKER COMPETITION
Promoter: L’Oréal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: (03) 8680 0000.
Promotional Period Start Date: 08.05.2016 at 10:00 AM AEST
End Date: 19.06.2016 at 5:00 PM AEST
Eligible entrants: Entry is only open to Australian residents who are aged 16 years of age or older. Entrants under the age of 18 must obtain prior permission from a parent or guardian to enter.
How to enter: To enter, an entrant must complete the following steps during the Promotional Period:
(a) take a fun and creative selfie of their lips; and
(b) upload the selfie to their Instagram account with the hashtags #BANTHEBORING, #LANCÔMEAU and #JUICYSHAKER.
The selfies which are uploaded must be of the entrant and must not contain any inappropriate material. See clause 19 below for further requirements of the Photos. The Instagram account used for entry must not be set to ‘private’ to be eligible for this Promotion.
By entering this Promotion, you agree for Lancôme representatives to contact you via social media (this may include a direct message on Instagram or a comment directly on the winning post) and for you to get in touch with Lancôme via Facebook private message to claim your prize.
Number of entries permitted An entrant may enter the Promotion multiple times during the Promotional Period. However, each entry submitted must contain a different selfie.
Total Prize Pool: $500.00
Prize Description: The prize is a $500.00 Westfield gift card.
Number of this Prize: 1
Value (per prize): AUD$500.00
Winning Method: Judging
Conditions: Not transferable, substitutable or exchangeable nor redeemable for cash (including any unused portion).
Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
Notification of prize winners: The winner will be notified in writing via Instagram.
Unclaimed prizes: The Promoter may at its discretion assign the prize if unclaimed to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

Terms and Conditions
1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries must be received during the Promotional Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of the agencies or companies associated with this Promotion or of the Promoter’s retailers, distributors, suppliers and associated companies and agencies are not eligible to enter. “Immediate families” means spouse, partner, parent, guardian, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
4. Valid and eligible entries will be accepted up to 19.06.2016 by 5:00 PM AEDT. If the prize(s) is won by a person under the age of 18, the prize may be awarded to the winner’s parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
5. Judgings:
i. The best valid entry as determined by the judges based on creative merit will be deemed the winner and receive the prize indicated in the Schedule table above.
ii. The winner will be determined by skill. Chance plays no part in determining the winner. The judges’ decision is final and binding and no correspondence will be entered into.
iii. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
6. All reasonable attempts will be made to contact the winner.
7. If the winner chooses not to take their prize (or is unable to), they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. If the prize is unavailable the Promoter reserves the right to substitute the prize to a prize of equal or greater value and/or specification.
9. No entry fee is charged by the Promoter to enter the Promotion. 10. Prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. 11. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, which can be viewed at http://instagram.com/legal/terms/. This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. As the Promotion is conducted (in part or wholly) via the Instagram social media platform, the entrant acknowledges that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. The entrant also acknowledges that any information they provide in connection with the Promotion is provided to the Promoter and not to Instagram. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion.
12. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants’ personal information (including through its contractors or agents) or disclose entrants’ personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, entrants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By entering this competition, entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the entrant via electronic messaging. By entering this competition, entrants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter’s Privacy Policy, located at www.loreal.com.au/_en/_au/tools/privacy/privacy_1.aspx, contains information about:
(a) how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and
(b) how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint.
13. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize. If the winner is under the age of 18, the winner’s parent or legal guardian may be required to sign any such legal release on behalf of the winner.
14. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
15. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).
16. If for any reason any aspect of this Promotion 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 the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries.
17. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
18. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
19. Each Photo must be the entrant’s original work. By entering this competition entrants:
a) consent to the Promoter making copies of or publishing the whole or any part of their entry (including the Photo, name and age) and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes;
b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
c) grant the Promoter a world-wide, royalty free, perpetual, irrevocable, transferrable licence (with a right to sublicense) to use their entry (including their Photo, name and age) submitted as part of this competition for any purpose;
d) permit the Promoter to edit, adapt and alter their entry for inclusion on L’Oreal social media accounts and websites (e.g. the Lancôme website);
e) acknowledge that their entry and their name and age may be made publicly available by the Promoter (in its absolute discretion) and will be accessible to the general public to view;
f) warrant that they own or have the right to license the copyright in any entry submitted by them into this competition, for the purposes of this competition, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this competition, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation);
g) warrant that any person featured in any Photo has consented to the entrant submitting that Photo into this competition;
h) warrant that their entry does 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. Without limitation, entrants must not include any content that involves nudity, malice or which may be defamatory or in contempt of court;
i) warrant that their entry does not include any literary, dramatic or artistic work, or any other item in which copyright subsists, unless the entrant is entitled to do so; and
j) warrant that their entry contains no virus or other computer code or material embedded in it which may have a negative impact on a L’Oreal website or social media website/platform or any network or third party computer systems.
20. The Promoter reserves the right to demand any entrant to delete, remove or edit any Photo, if the Promoter determines at any time, in its absolute discretion, that the Photo does not comply with the above clause, breaches any law, regulation, standard or code that applies to the Promoter, or otherwise breaches these terms and conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any demand made by the Promoter pursuant to this paragraph.
21. The Promoter 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 or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
22. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

 

Survey Gizmo Terms and Conditions

Loyalty Program- Survey Gizmo Terms & Conditions ("Conditions of Entry")

Schedule

Promotion:

Loyalty Program- Survey Gizmo

Promoter:

L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: 03 8680 0000

Promotional Period:

Start date: 11/11/16

End date: 14/11/16 at 12:00 pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over.

How to Enter:

To enter the Promotion, the entrant must visit https://app.surveygizmo.com/notfinal, follow the prompts to the Promotion entry page; and complete all the questions in the survey, including an answer to the question “In 25 words or less, let us know your ideal Lancôme loyalty program? (“Promotional Question”), in 25 words or less, and submit the fully completed survey during the Promotional Period.

Entries permitted:

Only one (1) eligible entry per person will be accepted. By completing the entry method, the entrant will receive one (1) entry.

Total Prize Pool:

$1,000.00

 

Prize Description

Number of this prize

Value (per prize)

Winning Method

Conditions

The prize is a pack consisting of select Lancôme products worth $1000 at RRP. Exact inclusions in the pack are determined by the Promoter in its absolute discretion.

 

1

AUD$1,000.00

Judging

No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.

 

Winner notification:

The winner will be contacted by via email. The winner will be contacted within fourteen (14) days of the judging.

Unclaimed Prizes:

In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

 

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and the immediate family members) of a contractor, company or agency providing goods or services to the Promoter in connection with this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Judging:
    1. The winner will be determined by representatives of the Promoter. Each entry will be judged on the basis of the individual creative merit of the answer provided to the Promotional Question.
    2. The best valid entry, as determined by the judges, will win the prize specified in the Schedule above.
    3. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
    4. The winner will be determined by skill. Chance plays no part in determining the winner. The judges' decision is final and binding and no correspondence will be entered into.
  6. All reasonable attempts will be made to contact each winner.
  7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  8. The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
  9. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
  10. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  11. Prize will be awarded to the person named in the respective winning entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  12. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants' personal information (including through its contractors or agents) or disclose entrants' personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, entrants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By entering this promotion, entrants consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the entrant via electronic messaging. By entering this promotion, entrants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988.  Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at www.loreal.com.au/_en/_au/tools/privacy/privacy_1.aspx, contains information about: (a) how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint.
  13. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
  14. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  15. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).
  16. If for any reason any aspect of this Promotion 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 the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
  17. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  18. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  20. The Promoter 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 or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  21. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  22. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
  23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.