Kiehl’s International Friendship Day Giveaway 2023
"Kiehl's Malaysia - Top Spender Giveaway - International Friendship Day July 2023" br> TERMS AND CONDITIONS
1.1 This "Kiehl's Malaysia - Top Spender Giveaway - International Friendship Day July 2023" (“Contest”) is organised by Kiehl's under the Organiser, L’Oréal Malaysia Sdn Bhd (Company No. 199401042730 / 328418-A). This Contest 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.
2. Contest Period
2.1 2.1 This Contest will run from July 17, 2023 at 12:00:00 AM to July 31, 2023 at 11:59:59PM Malaysian time (“the Contest Period”).
3. Contest Mechanic and Entry Method
3.1 Eligible Participants are allowed to submit multiple entries for this Contest. To participate, Eligible Participants are required to:
a) Purchase any Kiehl’s products from Kiehl’s Malaysia Official Store (https://www.kiehls.com.my/) during the Contest 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 Contest.
b) Participants are required to have a valid Kiehl’s membership account with accurate, true, complete details at the time of participation.
c) The amount of spendings will be calculated based on the total amount spent on Kiehl’s products (nett purchase amounts, after all discounts or vouchers have been applied) in a single, eligible transaction captured though the Organiser’s system during the Contest Period.
(collectively, the “Entry”).
4. Winner Selection Process
4.1 Top three (3) Kiehl’s spenders will be selected based on the highest amount spent in a single, eligible transaction (nett purchase amounts, after all discounts or vouchers have been applied) during the Contest Period, subject to full completion of the Contest Mechanic and Entry Method. In the event of a tie on the amount of the highest spending on Kiehl’s products, the Eligible Participant with an earlier valid transaction made will be declared as the Winner. The 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 announce Winners after the end of Contest Period on the Kiehl's official website / Facebook / Instagram/ TikTok page (“Notification”). Notwithstanding anything stated herein, the Organiser reserves its right to announce the Winners by any reasonable means as it deems fit. If the Winner cannot be contacted or fails to respond to the Organiser within the period as determined by the Organiser, the Organiser reserves the right to disqualify the Winner and select a replacement winner.
6.1 A total of three (3) Winners will be selected at the end of the Contest Period. Each Winner will win a Kiehl's Gift Box worth approximately RM708.00, consisting of the following:-
• Ferulic Brew Rejuvenating Facial Essence (200ml)
• Clearly Corrective Dark Spot Solution (50ml)
• Calendula Herbal-Extract Alcohol Free Toner (250ml)
• Ultra Facial Oil Free Gel Cream (50ml)
(each shall be referred to as a “Prize”, and collectively as the “Prizes”)
6.2 The Prizes are not transferable, not refundable and not exchangeable for cash, voucher, merchandise or any other substitutes
6.3 Pictures of Prizes shown on the Contest announcements are for illustration purposes only and may differ from the actual item. Price shown (if any) is correct at the time of publishing.
6. GENERAL TERMS
In these General Terms of Contest, “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 Contest. “Prizes” means the item given as a reward to winner of the Contest. “Contest” means any competition, giveaway or promotion describe in this Terms and Conditions.
2.1 This Contest 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 Contest:
(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].
3.1 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 Contest for verification by Organiser when requested;
(b) submitting unclear, incomplete, duplicate, copies, illegible or incorrect Entries;
(c) is in breach of these Terms and Conditions or violate any applicable laws/regulations; and/or
(d) undermines, has or attempted to undermine the operation of the Contest by fraud, cheating or deception.
4. CONTEST ENTRIES
4.1 By submitting an Entry and participating in this Contest, Participant is deemed to have carefully read and understood and agreed to be bound by the General Terms of Contest.
4.2 All costs and expenses incurred and/or arising from the participation in the Contest, 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 Contest 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 Contest. 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;
(c) harasses or advocates harassment of another person;
(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.
6.1 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 Contest (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.
8.1 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 Contest, acceptance of any Prize, and/or the use of the Participant’ entry and/or likeness in connection with the Contest or violation of these Terms and Conditions.
9. LIMITATION OF LIABILITY
9.1 The Participant’s participation in the Contest 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 Contest, 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 Contest, 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 Contest 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 Contest 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 Contest accordingly.
10. RIGHTS OF THE ORGANISER
10.1 The Organiser reserves the right to modify, suspend or cancel this Contest 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 Contest Period, Prizes, Contest Mechanic and Entry, if required for the smooth running of the Contest.
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
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 Contest, 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 Contest 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 Contest, in particular that relates to the Prize, are the properties of their respective owners. This Contest 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 Contest.
12.6 By participating in the Contest, Participants agree to be bound by the decisions of the Organiser. Participant(s) who violate any rule, gain unfair advantage in participating in the Contest, 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 Contest and the Organiser’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest 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 Contest, 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 Contest 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 Contest 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 Contest, and these Terms and Conditions, please email to Customer Hotline at customerse[email protected] or call Customer Hotline at 1-300-22-2232 .