Lancôme Creator Club – Application Terms and Conditions

These terms and conditions are between the applicant (You) and L’Oréal Australia Pty Ltd ABN 40 004 191 673 (L’Oréal, us, we, our).

 

Terms and Conditions

1. Applications to The Creator Club open at 12:00AM AEDT on 16/11/2023 and close at 11:59PM on 25/11/2023. Candidates must complete all fields in the form on https://www.lancome.com.au/creators-club.html in accordance with these terms and conditions to be considered. Applicants will receive correspondence from L'Oréal or a third-party supplier on behalf of L'Oréal to confirm if their application has been successful by 11:59PM 08/12/2023.
   
   
2. By applying to join The Creator Club, L'Oréal will use your personal information for the purposes of assessing your membership to The Creator Club. Should you be successful, L'Oréal will use your personal information to contact you and manage your membership into The Creator Club. If you are unsuccessful, L'Oréal will store your personal information for up to 12 months (unless you opt-out) where you may be accepted into the group at a later date. Membership will be reviewed quarterly. Your personal  information will be collected, used and stored in accordance with our Privacy Policy.
   
   
3. All material submitted by you as part of an application to the Lancôme Creator Club (including but not limited to photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and written works) (“Material”) must NOT:
   1. be in breach of any laws, regulations and rights, e.g. any third party Intellectual Property Rights, or laws regarding Intellectual Property Rights (copyright, trademarks, etc.), defamation and privacy;
   2. be objectionable or for any reason unsuitable for publication; or
   3. contain viruses.

For the purposes of these terms and conditions, Intellectual Property Rights means all intellectual property rights throughout the world, including but not limited to all registered or unregistered present or future rights in relation to copyright, trade marks or service marks (including goodwill in those marks), designs, moral rights, database rights, patents, trade, business or company names, trade secrets, know-how, ingredients, confidential or other proprietary rights, or any rights to registration or renewal of such rights whether created before or after the date of this Agreement.

4. By submitting any Material, You warrant that:
   1. the Material is your original work and that you own and (if applicable) you have obtained full prior written consent from any person who has jointly created or has any rights (including Intellectual Property Rights) in the Material that You have the right to license the copyright in any Material;
   2. no rights have been granted to any third party in respect of any such Material which would prevent the use or reproduction of the Material by L’Oréal; and
   3. use of the Material by L’Oréal will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, Intellectual Property Rights and defamation).
5. You must obtain prior consent from any person or from the owner(s) of any property that appears in their Material.
6. You retain ownership of the Material (other than to the extent such Material incorporates any third party rights).
7. By submitting Material, You:
   1. agree that the Material will be used to assess your application to enter the Lancôme creator club; and
   2. license and grant L’Oréal, its affiliates and sub-licensees a royalty-free, perpetual, worldwide and irrevocable right to use, reproduce, modify, adapt, publish and display the Material (including any portion of the Material) for any purpose via its social media channels (excluding specifically paid advertising) without compensation, restriction on use, attribution or liability.
8. You consent to (or have procured the consents for any relevant third parties) to use the Material in any manner that may otherwise infringe their Moral Rights. Moral Rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth).
9. You must not refer to L’Oréal or its products or services in a way that brings any of the foregoing into disrepute, or otherwise damages or diminishes the reputation or value of the foregoing.
10. You are responsible for all Material submitted. L’Oréal will not be liable for any claims regarding any Material, to the maximum extent permitted by law.
11. L’Oréal reserves the right to remove, request removal or decline to publish any Material (or part thereof) for any reason whatsoever, including if in breach of these Terms and Conditions. You must comply with any request made by L’Oréal pursuant to this paragraph within 48 hours of any such request.
12. L’Oréal reserves the right to accept or reject any entry to the Lancôme Creator Club in its full discretion. Submitting an application, including any Material, does not guarantee your acceptance to the Lancôme Creator Club.
13. Any accepted entrant to the Lancôme Creator Club must consent to and comply with the Lancôme Creator Club terms and conditions in place from time to time.
14. You agree to comply with the L’Oréal Social Media Commitments attached to these terms and conditions as Annexure 1.
15. To the maximum extent permitted by law, You agree to indemnify L’Oréal for any costs, losses, liabilities, claims, penalties, interest, expenses or proceedings arising out of or in connection with, whether directly or indirectly from:
    1. your application to enter the Lancôme Creator Club and the submission of any Material by you;
    2. any breach of the Terms and Conditions by You; and/or
    3. any breach of third party Intellectual Property Rights (including that may arise from our use of third party Intellectual Property Rights in accordance with the rights granted herein).

 

Annexure 1 – Social Media Commitments

If you’re posting on social media on our behalf, or if you’re associated with our brands in any capacity, you must follow these principles.

Our relationship with you

If we’ve engaged you to post about us or review our products, you need to disclose it – especially if you have been provided complimentary products or if we have paid you for the content you’ve created. You must disclose our commercial arrangement so that the nature of the relationship is transparent to your audience. 

You must use #Ad or #Sponsored as a minimum on all content including but not limited to stories and posts. Additional hashtags may be used in addition to, but not instead of, the minimum disclosure hashtags identified. These additional hashtags may be incorporated in the content and could include our requested # such as #Brandname or #Campaign, or additionally #Ambassador, #Collab or #PaidPartner.

 

You must not use #notspon, #gift or any similar meaning hashtag on any post relating to L'Oréal's Brands or Products at any time, including if you receive anything free from L’Oréal.

Under law, you need to disclose any affiliation or relationship between us (paid or unpaid). The disclosure must be easy to understand and done properly, including the placement and visibility – for example:

• disclosure should be simple, short (but with no abbreviations i.e. “spon”, “gift” or “sp”), clear and unambiguous;
• disclosure should be placed with the actual affiliated content in the first appearance of the content and any subsequent appearance;
• where disclosures are made in the caption of posts, ensure the disclosure is used at the start of the caption so it is visible to the consumer on first view and does not require users to tap ‘see more’ to view the disclosure, and also ensure the disclosure is not mixed with other links or hashtags;
• for stories, disclosure/endorsement should be superimposed over video or image for enough time for viewers to see it;
• for video content generally, disclosure has to be at the beginning of the video (both verbally and visually if a long video, and in the comments alone is not enough); and
• for live streams, disclosure should be repeated a few times throughout the duration of the stream.

For Australian social media content, the Australian Influencer Marketing Council (AIMCO) Code of Practice outlines best practice regarding advertising disclosure (together with guidance from the relevant social media platforms) which we expect in our relationship with you and how you disclose your affiliation with us.

Respect

Be respectful of others. Always act within prevailing and acceptable standards of community behavior, healthy and safety. Don’t be defamatory, hurtful, offensive, discriminatory, obscene, derogatory, or sexually explicit Don’t promote anything illegal or violent. Don’t bully or troll. Don’t disparage competitor products.  Respect others’ privacy.

If we have engaged you, your content directly reflects upon us.  Where we are featured on your pages or channels, we ask you to keep your other content tasteful: all of your conduct and your posts reflect on us, not just the content specifically about our products. 

Keep it real

Be accurate & realistic. Be authentic & truthful. Don’t be misleading. Make it clear if something is your opinion, and not a fact (eg - “this is the best I’ve used / in my opinion.”)  If you’re talking about the effect of a product, say how it looks or feels for you; but don’t over-exaggerate, and don’t apply filters if they are likely to exaggerate the effects of a product. 

Don’t use a product differently to its instructions. You must not re-sell any product we’ve provided to you.

Confidentiality

Don’t discuss our confidential information, especially about launches or campaigns which haven’t happened yet. Don’t comment on rumours.

Copying

Don’t suggest that you have originated or created something which was actually created by someone else.  Your posts should be your work and/or belong to you.  Credit where it’s due.  Don’t use copyright material (eg background music) without a licence. Re-post under the rules of the relevant channel.

When in doubt, don’t post

Exercise good judgment & common sense – consider what could happen if it went viral for the wrong reasons. Check with us if you’re not sure.