1-On-1 VIP Experience Terms & Conditions

"Kiehl's Brand Immersion"

TERMS AND CONDITIONS

1. Organiser

1.1 This "Kiehl's Brand Immersion" (“Campaign”) is organised by Kiehl's under the Organiser, L’Oréal Malaysia Sdn Bhd (Company No. 199401042730 / 328418-A). This Campaign shall be governed by the Specific Terms and the General Terms as particularly detailed hereinunder (collectively referred to as “Terms and Conditions”). The Organiser reserves the right in its sole discretion, without prior notice and without any liability to any person at any time, to change and/or amend the Terms and Conditions herein.

SPECIFIC TERMS

2. Campaign Period

2.1 This Campaign will run from November 24, 2023 at 12:00:00 AM to November 30, 2023 at 11:59:59PM Singaporean time (“the Campaign Period”).

3. Campaign Mechanic and Entry Method

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

a) Be the first five (5) daily purchasers to purchase and check out any Kiehl’s products from Kiehl’s Malaysia Official Store (https://www.kiehls.com.my/) during the Campaign Period.

For the avoidance of doubt, in-store purchases from Kiehl’s outlets and online purchases from other online marketplaces, e-commerce platforms that are not stated herein are not eligible for participation in the Campaign.

b) Participants are required to have a valid Kiehl’s membership account with accurate, true, complete details at the time of participation. The Organiser reserves the right to request for the original official receipt (if applicable) and any other form of proof of purchase and/or proof of identification for verification purpose.

a) Each Participant is only allowed to win one (1) set of Prizes throughout the Campaign Period.

(collectively, the “Entry”).

4. Winner Selection Process

4.1 Subject to full compliance and completion of the Campaign Mechanic and Entry Method, the first five (5) purchasers to complete their purchases/ transactions on Kiehl’s Malaysia Official Store (starting from 12.00am everyday) from 24^th November 2023 to 30^th November 2023 will be selected as the five (5) daily Winners during the Campaign Period. Organiser’s decision shall be final, conclusive and binding.

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

5. Winner Announcement

5.1 The Organiser will contact Winners after end of Campaign Period through the email address or contact number associated with their Kiehl’s membership accounts (“Notification”). Notwithstanding anything stated herein, the Organiser reserves its right to announce the Winners by any reasonable means as it deems fit.

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

6. Prizes

6.1 Each Winner will win the following Prizes:

- Kiehl’s Masterclass [1 hour]

- Healthy skin facial (C+A) [40 mins]

- Hand & shoulder massage [10 mins]

- Complimentary 2 trial size products from Kiehl’s (subject to availability)

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

6.2 The Prizes are subject to availability on a first come first served basis. Proof of purchase does not guarantee entitlement.

6.3 The Prizes can only be redeemed/ claimed from 1^st January 2024 to 29^th February 2024 at Kiehl’s boutique at Sunway Pyramid Selangor, Malaysia only and no requests for extensions, replacements or refunds shall be entertained. The Prizes are not transferable, not refundable and not exchangeable for cash, voucher, merchandise or any other substitutes and they are subject to additional terms and conditions, if any.

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

GENERAL TERMS

1. DEFINITION

In these General Terms of Campaign, “Organiser” means L’Oréal Malaysia Sdn Bhd (Company No. 199401042730 / 328418-A), a company incorporated and validly existing under the laws of Malaysia and having its business address at Crown Penthouse, 1 Powerhouse, No. 1, Persiaran Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor Darul Ehsan, Malaysia. “Participant” means the person, submitting entries for the Campaign. “Prizes” means the item given as a reward to winner of the Campaign. “Campaign” means any competition, giveaway or promotion describe in this Terms and Conditions.

2. ELIGIBILITY

2.1 This Campaign is open to any Malaysian citizen and resident, eighteen (18) years old and above, with a valid Mykad and residential address in Malaysia (“Participant”).

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

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

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

3. DISQUALIFICATION

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

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

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

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

4. CAMPAIGN ENTRIES

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

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

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

5. PROHIBITED CONTENT

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

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

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

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

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

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

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

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

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

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

6. PUBLICITY

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

7. INTELLECTUAL PROPERTY RIGHTS

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

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

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

8. INDEMNITY

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

9. LIMITATION OF LIABILITY

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

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

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

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

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

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

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

10. RIGHTS OF THE ORGANISER

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

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

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

11. DATA PROTECTION AND PRIVACY NOTICE

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

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

12. GENERAL

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

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

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

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

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

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

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

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

12.9 For any questions concerning the Campaign, and these Terms and Conditions, please email to Customer Hotline at [email protected] or call Customer Hotline at 1-300-22-2232 .