PROMOTIONAL COMPETITION TERMS AND CONDITIONS
L’Oréal South Africa Proprietary Limited
Find your SuperFit Competition
Share of R200 000 when shopping the Maybelline SuperStay & Fit Me foundation
A total of R200 000, made up of weekly cash prizes of R50 000.
16 January 2023
CLOSING DATE AND TIME
MIDNIGHT ON 21 February 2023
“Excluded Persons” means directors, employees, agents or consultants of L’Oréal or its subsidiaries, their immediate family members, life partners, business partners and associates and any other person who is involved with the devising, production, management or marketing of the Competition or controls or is controlled by L’Oréal, or marketing service providers or their immediate family members.
DATE OF DRAW
1 February 2023
8 February 2023
15 February 2023
22 February 2023
HOW TO ENTER
To enter and stand a chance to win, entrants must buy any SuperStay foundation Or FitMe foundation. Scan QR code on the instore tent card and follow the prompts OR send a copy of the receipt to the Whatsapp line [078 665 4473] and follow the prompts.
RESTRICTION ON NUMBER OF ENTRIES
One purchase is only valid for one entry.
1 Only South African residents over the age of 18 who are in possession of a valid identity document or passport with a valid permanent or temporary residence permit, and who are not Excluded Persons, are eligible to enter the Competition. (“Participants”)
2 For an entry to be valid, it must be received by L’Oréal at or before midnight on the Closing Date.
3 By submitting an entry to the Competition, Participants accept these terms and conditions. Participants may request a free copy of these terms and conditions by emailing their request to [email protected].
4 L’Oréal is not liable for any entries not received for any reason.
5 Unclear or illegible entries will be declared invalid and L’Oréal will not be liable for any claims arising out of such invalidity.
6 The winner (winners where there are more than one prize) will be selected at random by way of a draw conducted by L’Oréal or a person appointed by L’Oréal on the Date of Draw and the prize(s) will be awarded to the Participant(s) whose details are drawn.
7 An independent person will monitor, verify, and certify the draw. Save as provided for in the Consumer Protection Act 68 of 2008, the independent certifier’s decision will be final.
8 The winner(s) will be notified by telephone within a reasonable time after the Date of Draw and confirmed in writing. L’Oréal will use the winners’ contact details set out in their entries that were drawn to contact the winner(s). If a winner cannot be reached telephonically after 3 attempts have been made during business hours within 3 business days, the prize will be forfeited, and another winner will be drawn as set out in these terms and conditions.
9 Any prize awarded must be claimed within 30 calendar days of the Date of Draw and is not transferable.
10 In order to receive prize from L’Oréal, the winner will be required to identify themselves with a barcoded South African ID book or card or passport and to sign a receipt for any prize received as well as provide an address or other means where the prize can be delivered. Failure to claim the prize timeously or comply with these terms and conditions in any way will result in the prize being forfeited and another winner will be drawn as set out in these terms and conditions.
11 L’Oréal might request that images of the winner be taken and used publicly without remuneration to the winner. The winner is entitled to decline L’Oréal’s request.
12 By entering the Competition, Participants consent to L’Oréal and its operators using and processing their personal information for purposes of their participation in the Competition and afterward for research and statistical purposes only.
13 L’Oréal and its representatives are not liable to any Participants for any losses suffered due to entering the Competition or the use or receipt of any prize won in the Competition and Participants indemnify L’Oréal in respect of any such losses.
14 L’Oréal is entitled to terminate, suspend or postpone the Competition at any time and Participants will have no recourse against L’Oréal for such termination.
15 L’Oréal’s decision in respect of any dispute arising in respect of the Competition or these terms and conditions will be final and binding.
Effective as of 11/10/2020
Thank you for accessing https://www.maybelline.co.za/ (our Site). Please read these terms and conditions (Terms) before using our Site which is operated by L’Oréal South Africa (Proprietary) Limited, a company registered in South Africa under company number 1993/002698/07, whose registered office and main trading office is at Building 17, The Woodlands Office Park, Corner Kelvin and Woodlands Drive, Woodmead 2191 (“L’Oréal”).
By using our Site, you confirm that you have read and understand the Terms. Furthermore that you agree and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
From time to time we may run competitions and promotions via our Site. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
For any request relating to your use of the Website, you may contact Us at the following address: [email protected] PR L’Oréal South Africa, Private Bag X2, Wendywood
1. ACCESS TO THE WEBSITE
Additional fees for accessing and using the Internet remain at your charge.
2. VIRTUAL-TRY-ON FEATURE
This Website may provide you with a make-up or hair-color try-on feature. You can choose the live service (using your device webcam) or an existing picture (uploaded from your device).
The result of the experience (picture with make-up or hair-color) can be downloaded on your device and you may have the option to share it on social platforms. You are free not to use this service.
Pictures are not stored by Us, unless you use the sharing on social platforms, in such case, the picture will be stored during 49 hours. The picture is deleted automatically after such period.
If you share the result of the experience outside of the virtual-try-on feature (through native features available in your device) We are not involved in such sharing (no personal data processing by Us).
3. SKIN ANALYSIS FEATURE
This Website may allow you to use a skin analysis feature. This is an online service capable of analyzing skin aging with one picture based on artificial intelligence. Your picture is analyzed and then, based on your age and skin type, you will be provided with your skin results and a personalized skincare routine. You have the possibility to receive the report and the product recommendation via e-mail and to subscribe to the newsletter. You are free not to use this service.
The picture collected through this service is only used to perform the skin analysis and is deleted automatically post analysis.
4. INTELLECTUAL PROPERTY
- Intellectual property rights
Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.
In the event that We make a Website available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Website shall be only for your own private use in compliance with its intended purpose. You shall not be authorized to make any such use of this Website as may be detrimental to the honor, repute or rights of any third parties as described below.
- Third-party rights
We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Website, 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 quiet use of such contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
- User Contents
We may make available via this Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").
By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).
Said use shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:
- Posting in all format, in unlimited quantity,
- The written press, unlimited number of publications,
- Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
- Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
- via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).
In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Website.
This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.
Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.
In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.
5. CODE OF CONDUCT
We support the values of tolerance and respect of others.
For this reason, by using this Website, you agree not to:
- Publish or provide any personal data that may be considered ‘sensitive’:
- personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
- trade-union membership;
- genetic data, biometric data processed solely to identify a human being;
- health-related data;
- data concerning a person’s sex life or sexual orientation;
- Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
- Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on 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 Website for political, propaganda or proselytizing purposes;
- Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
- Divert the Website from its intended purpose, including by using it as a dating service;
- 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 the youngest;
- Intimidate or harass others;
- Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
- Disseminate content (including photographs and videos) portraying minors.
If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, we request that you immediately notify Us at the following email address [email protected] , or by sending a detailed letter to the following address: L’Oréal South Africa, Private Bag X2, Wendywood, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.
If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: [email protected], or by sending a detailed letter to the following address: L’Oréal South Africa, Private Bag X2, Wendywood, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.
6. INFORMATION CONTAINED ON THE WEBSITE
- General provisions
We hereby remind you that inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as possible.
- Information on the products and services
The products and services presented to you on this Website are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Website is available.
- Advice and beauty profile
The advice provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice.
The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.
Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.
For any further information or in the event of doubt, We recommend that you consult your physician.
- Hypertext links
The hypertext links included on the Website may lead you to websites published by third parties and the content of which We do cannot control. Accordingly, to the extent that said hypertext links were included on this Website for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.
7. PERSONAL DATA PROCESSING
You hereby expressly consent, by its use of the Website herein, to the collection, use, processing, storage, transfer and sharing of its Personal Information to the entities that are related to L’Oréal, including but not limited to L’Oréal and its service providers, provided that such processing is in line with the data protection laws in the country where the personal information is being processed.
We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study etc.
You expressly consent to L’Oréal transferring the Personal Information outside the Republic of South Africa to its server hosted in a member state of the European Union that is subject to the relevant data protection laws.
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (hereinafter “Cookies”).
The Website was developed for the Publisher by L’Oréal S.A. whose registered office is located at 41 Rue Martre, 92117, Clichy, France
We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, we cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.
It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:
- Poor transmission and/or reception of any data and/or information via the Internet;
- Any external intrusions or computer viruses;
- Any defaulting reception equipment or communication networks; and
- Any such Internet malfunction as may hinder the proper operation of the Website.
Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.
12. GOVERNING LAW AND DISPUTES
For any issue, please contact our Customer Service:
086 010 2492
Monday to Thursday 8am – 5pm
Friday 8am – 4:30 pm
Closed Weekends and Public Holidays
Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service at the following address:
[email protected] OR L’Oréal South Africa, Private Bag X2, Wendywood
13. SEVERANCE AND WAIVER
If any provision of these 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 these Terms, which shall remain in full force and effect.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.