Loft Terms and Conditions Maybelline
Minimum T&Cs
General (for everywhere except on Twitter)
UK and ROI residents aged 16+ only. Entries open 11:00 on 07/02/2023 until 23:59 on 31/12/2023. For your chance to win fully complete the form which can be found at https://qlic.it/1161233 Promoter: Maybelline New York, a trading division of L’Oréal (U.K.) Limited, 255 Hammersmith Road, London, W6 8AZ.
On Twitter, the following minimum details must be included in your Tweet
To enter fully complete the form which can be found at https://qlic.it/1161233. Until 23:59 on 31/12/2023
Full T&Cs
Terms and Conditions for Maybelline loft
By entering the promotion, you agree to be bound by these terms and conditions (these "Terms and Conditions"). Promotional materials relating to the promotion, including all information on how to enter the promotion, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotion materials and these Terms and Conditions, these Terms and Conditions take precedence.
General details
Promotion Name and Description: Maybelline loft - Win exclusive entry to Maybs babes sampling community where customers will be offered exclusive Maybelline products
Promoter: Maybelline New York, a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ.
Entry Open Date: 11:00 on 07/02/2023 UK time
Entry Closing Date: 23:59 on 31/12/2023 UK time
Privacy Policy: https://www.loreal.com/en/uki/pages/group/privacy-policy-uki/
Entry
Eligibility:
UK and ROI residents aged 16+ only.
How To Enter Requirements:
Fully complete the form which can be found at https://qlic.it/1161233 for your chance to win.
By entering your details on the form, entrants agree to be automatically entered into the prize draw and abide by these Terms and Conditions.
Forms that are not fully completed will be disqualified.
PRIZE DETAILS
Major Prize:
Brand products: Maybelline products RSP from £1 to £10
Number of Major Prize Winner(s): 1000
Runner-up Prize(s): Not Applicable
Number of Runner-up Prize Winner(s): Not Applicable
DRAW DETAILS
Notification of Winner(s): Winner(s) are selected at random and will be notified via email.
DELIVERY
Prize Delivery: Please allow up to 30 days from the date a winner supplies the requested details for delivery of the prize.
General Terms and Conditions
Entry and eligibility
Entries must be received between the Entry Open Date and the Entry Closing Date.
The prize draw is free to enter and no purchase is necessary.
Promoter’s employees, their immediate family or any third party directly associated with the promotion are not eligible to enter.
Incomplete, illegal, misdirected or late entries will not be valid. Proof of complying with the How to Enter Requirements will not be accepted as proof of receipt or entry. Promoter is not responsible for entries lost, damaged or delayed due to technical or connectivity or other problems.
Only one entry per person. Bulk entries from trade, consumer groups or third parties will not be valid. Multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid.
Any entries which do not comply with the How to Enter Requirements, or which contain any third party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery will be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to Promoter’s competitor brands or that show any intention of promoting any brand other than Promoter brand.
Prize fulfilment and disqualification
Prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes. Promoter reserves the right to substitute a prize of equal or greater value in the event that the selected prize is unavailable for any reason whatsoever.
A winner forfeits their prize and Promoter reserves the right to select at random an alternative winner if:
within 3 weeks of being notified by Promoter, a winner does not respond or does not provide their full name and relevant details (if applicable, details for the prize to be despatched to in the eligible country of residence); or
if a prize is rejected or returned undeliverable; or
if an entry is invalid or an entrant is disqualified or in breach of these Terms and Conditions.
Promoter reserves the right to disqualify an entrant or winner that, in its absolute discretion, could bring Promoter into disrepute.
Promoter shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
The name of the winner(s) can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Prize Draw Date to the Promoter at 255 Hammersmith Road, London, W6 8AZ, referencing the Promotion Name.
Promotional Activity relating to the prize draw
In entering the prize draw, all entrants and winners agree to participate in any promotional activity relating to the prize draw, which may include entry content, voice, image and name for publicity purposes (in any media, print or online, including any websites, social media sites or third party retailer websites) and in advertising, marketing or promotional material (whether or not related to the prize draw) free of charge without additional compensation or prior notice. Promoter may modify any entry content to fit in context with the relevant usage, whilst maintaining its original sentiment.
Personal Information
All personal details and/or information given either in the entry process or otherwise must be truthful, accurate and in no way misleading. Promoter reserves the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information.
Any personal information that entrants share with the Promotor (including name, address, email, social media profile, or other data) will be kept secure and only used in line with Promoter’s Privacy Policy and these Terms. By entering the prize draw, entrants acknowledge that their information may be used by the Promotor and its suppliers to administer the promotion. The Promotor may contact entrants by email, post, phone, SMS or other means in relation to the promotion, but will not send entrants any marketing communication unless entrants have also agreed to this.
Use of Entry Content
Promoter shall own all the copyright and other intellectual property rights in the entries and any other materials (whether visual, oral or written) generated during the various stages of this promotion, in perpetuity and on a worldwide basis for use at Promoter's sole discretion including, without limitation, use in advertising, other media, press releases, editorial and promotional activity, point of sale material, Promoter's websites, third party websites (including Facebook, Instagram, Twitter and Youtube), newsletters and e-newsletters.
Accordingly entrants assign to Promoter any copyright and other intellectual property rights which exist in their participation in this competition and irrevocably waive any moral rights that could vest in them (which shall include their name, location and age) under the Copyrights, Designs and Patents Act 1988 or otherwise, and undertake to do all things necessary immediately on Promoter’s request to effect or confirm any assignment in this paragraph.
Limitation of Liability
Neither Promoter nor agencies nor suppliers involved in this promotion may be liable to the winners, whether arising from tort including negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this prize draw or the prizes to the extent permissible by law. No compensation for loss of earnings will be paid by Promoter for participation in any aspect of this prize draw.
Website Specific Terms and App Specific Terms
Entrants must have internet access to be eligible.
By entering this prize-draw, entrants will be deemed to be bound by and have accepted these Terms and Conditions. If the How to Enter Requirements require entrants to use the Promoter’s website, entrants must read and accept the Promoter’s website Terms and Conditions and Privacy Policy to be eligible. If the How to Enter Requirements require entrants to download and use an app created by the Promoter, entrants must read and accept the app Terms and Conditions to be eligible. Promoter reserves the right to disqualify any entries that have failed to abide by and/or are in breach of these aforementioned terms.
General Terms
Promoter’s decision is final and no correspondence will be entered into.
Promoter reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the prize draw at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions).
English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.
Helin Doski – Meet and Greet giveaway
Minimum T&Cs Residents in England aged 18+ only. Entries open 18:00 on 17/07/2023 until 18:00 on 19/07/2023. For your chance to win Entrants must comment and tag their bestie and @maybelline in @helinndoski post on the Instagram post(s): www.instagram.com/p/CuzpDT-MXYi/ or TikTok post(s): https://www.tiktok.com/@helinndoski?lang=en Full T&Cs https://www.maybelline.co.uk/terms-of-use. Promoter: Maybelline New York, a trading division of L’Oréal (U.K.) Limited, Gateway Central, White City Place, 187 Wood Lane, London, W12 7SA
Full T&Cs https://www.maybelline.co.uk/terms-of-use.
Promoter: Maybelline New York, a trading division of L’Oréal (U.K.) Limited, Gateway Central, White City Place, 187 Wood Lane, London, W12 7SA
Full T&Cs Terms and Conditions for HELIN GIVEAWAY By entering the promotion, you agree to be bound by these terms and conditions (these "Terms and Conditions"). Promotional materials relating to the promotion, including all information on how to enter the promotion, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotion materials and these Terms and Conditions, these Terms and Conditions take precedence.
General details
Promotion Name and Description: HELIN GIVEAWAY - COMMENT TO WIN HELIN MEET AND GREET. X 10 WINNERS IF THEY TAG @MAYBELLINE AND THEIR BESTIE IN HELINS POST.
Promoter: Maybelline New York, a trading division of L’Oréal (U.K.) Limited, 255 Hammersmith Road, London, W6 8AZ
Entry Open Date: 18:00 on 17/07/2023 UK time
Entry Closing Date: 18:00 on 19/07/2023 UK time
Privacy Policy: https://www.maybelline.co.uk/privacy-and-cookies-htm
Entry Eligibility:
· Residents in England aged 18+ only.
· Entrants must have internet access and either a Instagram or TikTok account.
How To Enter Requirements:
· Enter by commenting Entrants must comment and tag their bestie and @maybelline in Helins IG post(https://www.instagram.com/p/CuzpDT-MXYi/) or TikTok post (https://www.tiktok.com/@helinndoski?lang=en
· By commenting on and/or tagging someone in this post, entrants agree to be automatically entered into this prize draw and abide by these Terms and Conditions
PRIZE DETAILS
Major Prize: Event entry tickets (excludes travel and accommodation):
Event date: 21 Jul 2023
Number of tickets: 2
Event name: Helin Doski Meet & Greet Event location: Manchester
• The winner [and companion] must be aged 18 and over to attend the event.
• It is the winner’s sole responsibility to arrange travel to and from the event and any accommodation if required as this will not be provided by Promoter unless the prize is described as attending an event or experience (rather than an entry ticket) in which case travel and accommodation if required will be provided by Promoter.
Number of Major Prize Winner(s): 10
Runner-up Prize(s): Not applicable
Number of Runner-up Prize Winner(s): Not applicable
DRAW DETAILS Prize Draw Date: 19/07/2023
Notification of Winner(s): Winner(s) are selected at random and will be notified by the Promoter through the Promoter replying to the winner(s)' Instagram or TikTok comment and/or direct private message via their Instagram or TikTok account by the end of 19/07/2023 and requesting each winner's e-mail address.
DELIVERY
Prize Delivery: Please allow up to 30 days from the date a winner supplies the requested details for delivery of the prize.
General Terms and Conditions Entry and eligibility 1. Entries must be received between the Entry Open Date and the Entry Closing Date.
2. The prize draw is free to enter and no purchase is necessary.
3. Promoter’s employees, their immediate family or any third party directly associated with the promotion are not eligible to enter.
4. Incomplete, illegal, misdirected or late entries will not be valid. Proof of complying with the How to Enter Requirements will not be accepted as proof of receipt or entry. Promoter is not responsible for entries lost, damaged or delayed due to technical or connectivity or other problems.
5. Only one entry per person. Bulk entries from trade, consumer groups or third parties will not be valid. Multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid.
6. Any entries which do not comply with the How to Enter Requirements, or which contain any third party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery will be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to the Promoter’s competitor brands or that show any intention of promoting any brand other than the Promoter brand. Prize fulfilment and disqualification
7. Prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes. Promoter reserves the right to substitute a prize of equal or greater value in the event that the selected prize is unavailable for any reason whatsoever.
8. A winner forfeits their prize and the Promoter reserves the right to select at random an alternative winner if: (a) within 3 weeks of being notified by the Promoter, a winner does not respond or does not provide their full name and relevant details (if applicable, details for the prize to be despatched to in the eligible country of residence); or (b) if a prize is rejected or returned undeliverable; or (c) if an entry is invalid or an entrant is disqualified or in breach of these Terms and Conditions.
9. Promoter reserves the right to disqualify an entrant or winner that in its absolute discretion could bring the Promoter into disrepute.
10. Promoter shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
11. The name of the winner(s) can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Prize Draw Date to the Promoter at 255 Hammersmith Road, London, W6 8AZ, referencing the Promotion Name. Promotional Activity relating to the prize draw PAGE 4 of 4 C1 - Internal use
12. In entering the prize draw, all entrants and winners agree to participate in any promotional activity relating to the prize draw, which may include entry content, voice, image and name for publicity purposes (in any media, print or online, including any websites, social media sites or third party retailer websites) and in advertising, marketing or promotional material (whether or not related to the prize draw) free of charge without additional compensation or prior notice. Promoter may modify any entry content to fit in context with the relevant usage, whilst maintaining its original sentiment. Personal Information
13. All personal details and/or information given either in the entry process or otherwise must be truthful, accurate and in no way misleading. Promoter reserves the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information.
14. Any personal information that entrants share with the Promotor (including name, address, email, social media profile, or other data) will be kept secure and only used in line with the Promoter’s Privacy Policy and these Terms. By entering the prize draw, entrants acknowledge that their information may be used by the Promotor and its suppliers to administer the promotion. The Promotor may contact entrants by email, post, phone, SMS or other means in relation to the promotion, but will not send entrants any marketing communication unless entrants have also agreed to this. Limitation of Liability
15. Neither the Promoter nor agencies nor suppliers involved in this promotion may be liable to the winners, whether arising from tort including negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this prize draw or the prizes to the extent permissible by law. No compensation for loss of earnings will be paid by the Promoter for participation in any aspect of this prize draw. Social Media Platform Specific Terms
16. By entering the prize draw, entrants will be deemed to be bound by and have accepted these Terms and Conditions and Facebook Statement of Rights and Responsibilities and Facebook Community Standards; and the TikTok Community Guidelines and the TikTok Terms of Service; and Instagram Terms, Instagram Privacy Policy and Instagram API Terms. Promoter reserves the right to disqualify any entries that have failed to abide by and/or are in breach of Facebook’s Statement of Rights and Responsibilities.
17. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, TikTok or Instagram. You are providing your information to the Promoter and not to Facebook, TikTok or Instagram. The information you provide will only be used as stated in these Terms and Conditions. By entering the prize draw, entrants will be deemed to have released Facebook, TikTok and Instagram from any and all liability arising from their participation in the prize draw or out of, pursuant to, or as a result of the carrying out of the prize draw. General Terms
18. Promoter’s decision is final and no correspondence will be entered into.
19. Promoter reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the prize draw at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions).
20. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion
Virtual Try-On Terms and Conditions
Please find more information regarding terms and conditions for our Virtual Try-On tool below.
Virtual Try On Functionality Available within the Website
The Website allows you to use the Virtual Try On functionality. This is an online service capable of try-on simulations on live video and photos across selected L'Oréal Paris hair colour and makeup products. The Website provides an illustration of the effect of applying a particular product (e.g. hair colour, makeup), and does not constitute a guarantee that the result will be exactly the same tone, colour and/or result when you apply the product. We will not be held liable for any inaccuracies with the results of the Website. The information provided by the Website can in no event replace qualified professional clinical consultation, nor substitute for medical treatment or professional hair or makeup services.
You can choose to use the live service (using your device webcam) or to use an existing picture (which will be uploaded from your device) and then, based on the product you would like to try on, you will be provided with your image results. You have the possibility to share the image and the product recommendations via email and you will also have the opportunity to subscribe to the newsletter.
You will have no obligation to purchase such products that are recommended or otherwise referenced through this feature and L'Oréal does not guarantee the availability of any such products.
L'Oréal does not guarantee that this feature will be available outside of the United Kingdom and the Republic of Ireland.
You are free not to use this service.
OTHER APPLICABLE TERMS
These Terms of Use may refer to the following additional policies, which also apply to the use of our Application:
Our Privacy Policy https://www.loreal.co.uk/miscellaneous/consumer-privacy-policy.htm , which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Cookie Settings section of L'Oréal Paris website which sets out information about the cookies on the Application.
If you purchase goods via our Application, the Terms and Conditions of Sale of the retailer you purchase from will apply to the sales.
From time to time we may run competitions and promotions via the Application. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
DISCLAIMER
The content on the Application is provided to allow you to explore the range of L'Oréal Paris hair colour and makeup shades, and is for general information only. It is not intended to amount to content on which you should rely.
Represented results are for illustrative purposes only. Individual results will vary.
The information that the Application delivers is strictly for illustrative purposes and shall in no event replace a professional consultation, nor be substituted for obtaining expert cosmetics advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Application.
We do not guarantee that the Application, or any Downloadable Content (as defined below) on it, will always be available or be uninterrupted.
We cannot guarantee your entire satisfaction with the images that result from the use of the Application. To the maximum extent permitted by law, we exclude all liability for any use you make of the Application.
We are responsible to you only for foreseeable loss and damaged caused by Us. If we fail to comply with our obligations under these Terms of Use, we are only responsible for loss or damage you suffer as a foreseeable result of Us infringing these Terms of Use or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
CONTACT US
For any request relating to your use of the Application, you may contact Us at the following address:
L'Oréal Paris
L'Oréal (UK) Limited
255 Hammersmith Road,
London
W6 8AZ
You can also contact Us via email at: [email protected]
1. ACCESS TO THE APPLICATION
(a) Who can use it?
To access and use this Application you need to be an adult of at least 16 years of age or older. If you are a minor, your parental or guardian prior authorisation shall be required.
As correct on 17/10/18 You may freely use the Application, without being required to sign in or create an account.
(b) How to download and access it?
The Application shall be delivered solely via electronic download from the Apple App Store (iOS) or GOOGLE PLAY (each a "Platform"). You may download from the Platform (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.
Access to the Application and/or certain sections of the Application may require the use of PIN codes.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We may limit the number of attempts you make to access the Application and/or certain section thereof order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
(c) On what device?
The installation and use of the Application requires a compatible device with an Internet connection. The following operating systems are compatible: iOS and ANDROID.
You are responsible for the operation of the compatible device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.
Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet.
You are responsible for any network or roaming costs in connection with the Application updates.
In the event of any breach of the rules in the Terms of Use, We reserve the right to suspend your access.
(d) At what price?
We hereby grant you, free of charge, the Licence to use the Application on the terms of set out in Section 2 (Licence and Use).
2. LICENCE AND USE
(a) Licence and Download Rights
In relation to the use of the Virtual Try On functionality available within the Website, you grant to L'Oréal a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to use any image that you upload to the Website for the purpose of providing you with the Virtual Try On functionality.
L'Oréal grant you a limited non-exclusive, non-transferrable, revocable licence to use the Virtual Try On functionality available on the website in the United Kingdom and the Republic of Ireland, solely for the purposes anticipated in the following section (Virtual Try On functionality available within the website). This licence is granted to you free of charge.
By uploading an image to the Virtual Try On feature of the Website, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.
Subject to compliance with these Terms of Use, We grant you a personal, free of charge, non-assignable, non-exclusive, revocable and non-transferable right to use the Application, the Downloadable Content (as defined below) and the "Result" (being User Content (as defined below) or other data modified and/or processed by the Application or within the framework of the Application, exclusively for personal, non-commercial, private, informational purposes (the "Purpose"). The territory for which the Application user Licence described in this Section 2(a) (the "Licence") is granted shall be within the United Kingdom and Republic of Ireland.
We may make available to you via the Application content including (but not limited to) text, content, software, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material that you are authorised to download (the "Downloadable Content"). We grant you free of charge, a non-exclusive and non-transferable right to use the Downloadable Content for the Purpose. Any reproduction, representation, modification or distribution of the Application shall be prohibited. By downloading or using such Downloadable Content for the Purpose, you agree to use them in accordance with these Terms of Use.
By uploading an image to the feature of the Application, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.
(b) Applicable requirements
You recognise and accept that the Application, the Downloadable Content, and/or the Result are subject to intellectual property rights and/or image rights and/or other rights of ownership and are only made available within the framework of the Licence and for the Purpose.
The Downloadable Content includes both content owned or controlled by Us and content owned or controlled by third parties and licenced to Us. All such rights are reserved. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Application. You may not use any trademarks or trade names contained in the Application without prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
Any reproduction, in whole or in part, of the Application, the Downloadable Content, the Result, or any item included in any of the same, by any process and on any media whatsoever, for purposes other than the Purpose is expressly prohibited. In particular, you must not use any part of the Application or the Downloadable Content for commercial purposes without obtaining a licence to do so from Us or from our licensors.
You agree not to:
duplicate, copy or use the Application for any purposes other than the Purpose and except as authorised under these Terms of Use;
attempt (or encourage or support others' attempts) to reverse engineer, disassemble or decompile the Application;
adapt, correct, update or alter the Application in any way;
create any derivative work based on all or any part of the Application;
disclose or publish the results of performance tests on the Application without our prior written consent;
lease or sub-licence the Application to any third party;
mask, remove or alter any notice or reference to our proprietary rights;
correct any error, anomaly, bug or other malfunction or failure affecting the Application;
scrape, data mine, use bots or use anything else to gather or extract data;
install the Application if you are in a country outside of United Kingdom and Republic of Ireland and/or
use the Application and/or publish any content via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s).
The Licence shall be effective upon your use of the Application (or, as applicable, when clicking on the "I Accept" (or equivalent) button located before your access to the Application) and shall continue in effect until termination of the Licence by Us in accordance with Section 9 (Term and Termination).
3. USER CONTENT
We may make a space available via the Application dedicated to user content such as text, photos, videos, opinions, etc. ("User Content").
You must secure all the necessary authorisations, consents, and rights from any relevant rights holders in connection with any User Content you may wish to post via the Application, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one's image), to allow your use of such content. For example, you must secure the rights in and to any content (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
The following content standards apply to any and all User Content which you contribute to our Application and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
User Content must:
Be accurate (where it states facts);
Be genuinely held (where it states opinions)
Comply with applicable law in the UK and in any country from which it is posted.
User Content must not:
Contain any material which is malicious or defamatory of any person;
Contain any material which is rude, obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, intimidate, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from Us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Use any third party intellectual property without prior authorisation.
Use the Application for political, propaganda or proselytizing purposes.
Divert the Application from its intended purpose, including by using it as a dating service.
Disseminate any information or content that may be upsetting for minors.
Contain any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without their prior and express consent, such as their last name, postal address, email address, telephone number.
Please inform Us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the above the standards and/or which infringes the rights of others, at the following address [email protected]
You are responsible for any User Content that you publish via the Application and for ensuring that the User Content does not conflict with applicable legislation, accepted standards of morality, or these Terms of Use. We reserve the right to remove at any time any such User Content that does not comply with these Terms of Use.
By posting User Content via the Application, you hereby grant Us a perpetual, sub-licensable, royalty-free, irrevocable, non-exclusive, worldwide licence to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, and/or distribute such User Content, in whole or in part.
You authorise Us to use the User Content for all in-house, external, corporate communication, financial communication, advertising, public relations, historical or archival purposes, of the L'Oréal group or its affiliates, products and/or brands, in any media formats and through any media and social media channels (now known or hereafter developed).
You authorise Us to adapt your User Content as initially provided and/or make any such clarification to the User Content as We may consider appropriate.
4. CODE OF CONDUCT
You shall be solely responsible for the content you create with the Application. You have exclusive liability for any third party claims relating to the use of the content using the Application. You shall not:
convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments.
disseminate any content that may be harmful, defamatory, unauthorised, malicious or in breach of privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences.
use the Application for political, propaganda or preaching purposes.
publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number.
disseminate any information or content that may be upsetting for children.
intimidate or harass others.
conduct illegal activities.
breach any provision of Section 2 (Licence and Use).
post content which is inaccurate or misleading.
breach any provision of Section 3 (User Content);
disseminate content (including photographs and videos) portraying minors.
We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Application. When a breach has occurred, We may take such action as We deem appropriate, which may result in our taking all or any of the following actions:
enforce immediate, temporary or permanent withdrawal of your right to use the Application;
enforce immediate, temporary or permanent removal of any posting or material uploaded by you to the Application;
issue a warning to you;
take further legal action against you; and/or
disclose such information to law enforcement authorities as We reasonably feel is necessary.
5. INFORMATION CONTAINED ON THE APPLICATION
General provisions
We try to provide you with accurate and up to date information, however, inaccuracies and omissions may
appear in the information available on the Application. Please inform Us of any error or omissions at [email protected]
Hypertext links
The hypertext links included on the Application may lead you to websites or resources published, monitored, or hosted by third parties and content which We do not control. Such hypertext links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
6. PERSONAL DATA
In relation to the Virtual Try On functionality on the Website, your personal data will not be collected, stored or otherwise processed by L'Oréal. Please note however, that where you are able to share your image, with a third party e.g. a social media provider, L’Oréal may temporarily store your image in order to provide your chosen service. For further information about how any personal data we collect from you or that you provide to us will be processed, please see our Privacy Policy.
7. AMENDMENT TO THE APPLICATION AND THE TERMS OF US
We may amend the contents and information included on the Application as well these Terms of Use, particularly for purposes of compliance with any changes in applicable legislation and/or regulations and/or to improve the Application.
Any amendment shall be notified to you via the Application before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Application shall be deemed as your acceptance of the new Terms of Use.
8. LIMITATION OF LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
You agree not to use the Application for any purpose other than the Purpose. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9. TERM AND TERMINATION
The Terms of Use shall take effect on the date on which you first install, access, use, or accept the Terms of Use and shall remain in force throughout your use of the Application.
We may in our sole discretion (acting reasonably) terminate or suspend your account and/or suspend or terminate your access to the Application if (i) you are in material or persistent breach of these Terms of Use or other policies or terms which apply to your use of the Application or We have reasonable grounds to suspect that any such breach has occurred; or (ii) you are in breach of any applicable law or regulation or We have reasonable grounds to suspect such breach has occurred.
We also reserve the right (acting reasonably) to modify, suspend or discontinue your access to the Application, at any time for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10. WAIVER AND SEVERANCE
If We do not insist that you perform any of your obligations under these Terms of Use, or if We do not enforce our rights against you, or We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with these obligations.
If We do waive a default by you, We will only do so in writing, and that does not mean that We will automatically waive any subsequent default by you.
Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These Terms of Use for the Application and our relationship with you shall be governed by the laws of England.
Any proceedings in connection with or related to the Application or any dispute as to the validity, interpretation and/or performance of these Terms of Use shall be subject to the jurisdiction of the laws of England and Wales. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.