TERMS AND CONDITIONS
Promotion Name and Description: Dermablend Challenge
Promoter: Vichy, a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ
Entry Open Date: 17:00 15/05/17 UK time
Entry Closing Date: 23:59 31/05/17 UK time
Eligibility: UK residents aged 18+ only.
(a) be members of the Boots Review Panel;
(b) have received an email sent by Boots on 15 May 2017 inviting them to participate in this Promotion("Boots Email"); and (c) have internet access, in order to participate in this Promotion.
How to Enter Requirements
Phase 1: 15 to 31 May 2017
1. To enter this Promotion, participants must follow the link to the Dermablend Challenge online hub at www.vichy.co.uk/dermablend-challenge (the "Hub") provided in the Boots Email and complete the following steps:
(a) Fill out the Dermablend Challenge questionnaire in full and submit the completed questionnaire by following the instructions on the Hub.
(b) Take 2 selfies while wearing no make-up and upload the photos to the Hub. Entrants must ensure they comply with the following when submitting their selfies:
(i) both selfies should be close enough to the face in order to clearly show the entrant's skin and should highlight any skin concerns that the entrant has (such as acne, rosacea, vitiligo, scars, tattoos and dark marks);
(ii) one (1) selfie should be taken directly face on and one (1) selfie should be taken from the side;
(iii) entrants must follow the photo guidance provided next to the photo upload button on the Hub when taking their selfies;
(iv) selfies must not feature anyone other than the entrant, otherwise the entry will be disqualified; and
(v) all content submitted via the Hub must comply with the General Terms and Conditions set out below.
2. All entries must be received by 23:59 on 31/05/17 UK time.
3. By uploading photos and completing the questionnaire on the Hub, in accordance with the above entrance criteria, entrants acknowledge and agree:
(a) that, if selected as one of the 25 finalists for Phase 2, they will use Dermablend foundation products for three (3) consecutive days during Phase 2;
(b) that, if selected as one of the 5 winners, they will be available and willing to take part in the Squad Photo-shoot, described below, on 19 June 2017 at a London location (to be advised by the Promoter);
(c) in accordance with the General Terms and Conditions below, that:
(i) any photos, videos and other materials produced during the Squad Photo-shoot may be used by the Promoter on a worldwide basis at Promoter's sole discretion;
(ii) any photos, videos and other materials provided during Phase 1 or Phase 2 will be used by the Promoter for the purposes of administering the Promotion. The Promoter may secure the permission of each participant to any further use of such materials using appropriate release forms;
(iii) all personal information obtained from entry forms, including the questionnaire used in Phase 1, are relevant and necessary for the administration of the Promotion and for related promotional activity; and
(d) to be automatically entered into the Promotion and abide by these Terms and Conditions (as set out in this table and the General Terms and Conditions below).
Phase 1 Gifts:
4. The first 150 participants who validly enter Phase 1 of the Promotion will each receive by post, using the address submitted via the Hub, one (1) Vichy hamper valued at £42.00, based on the prices on www.vichy.co.uk, comprised of one (1) Normaderm Purifying Cleansing Gel (200ml), one (1) Dermablend Setting Powder (28g) and one (1) Normaderm Purifying Astringent Lotion (200ml), along with one (1) Dermablend make-up bag.
5. Every participant who validly enters Phase 1 of the Promotion will receive by post, a Dermablend make-up mirror.
6. The Phase 1 Gifts are subject to availability. Promoter reserves the right to provide alternative gifts of equal value in case of unavailability.
Phase 2: 1 June to 11 June 2017
7. By 1 June 2017, from all entrants into Phase 1, 25 finalists will be selected by a panel of judges, including one independent member, to take part in Phase 2, based upon and taking into account the following criteria:
(a) Suitability to be a member of the Dermablend Squad based on skin type, skin tone and skin concerns (for example, acne, rosacea, vitiligo, scars, tattoos and dark marks); and
(b) Suitability to be a member of the Dermablend Squad based on geographical location, age and gender of the entrant with the aim of selecting a diverse set of finalists.
8. By 1 June 2017, the 25 finalists will each be contacted by email and phone using the details submitted to the Hub during Phase 1 to notify them of their selection as one of the 25 finalists from Phase 1 of the Promotion.
9. By 2 June 2017, each finalist will be sent by post:
(a) a Vichy cleansing kit, including one (1) Vichy cleanser and one (1) Vichy toner (to be selected by Promoter based on entrant's skin type and questionnaire responses); and
(b) selected products from the Dermablend range, which may include 1 x foundation 30ml, 1 x corrective cream foundation 9.5g, 1 x corrective body foundation 100ml, 1 x corrective stick 4.5g and 1 x setting powder 28g, selected by the Promoter based on entrant's skin type and questionnaire responses ("Dermablend Regime Selection").
10. The 25 finalists selected from Phase 1 to go forward and participate in Phase 2 of the Promotion will also each receive an email containing instructions and guidance for Phase 2, including information on how to apply Dermablend foundation and best practice tips when taking photos and recording videos.
11. For a period of three (3) consecutive days between 3 June 2017 and 11 June 2017, the 25 finalists agree to swap their regular foundation make-up regime for the Dermablend regime (the "Dermablend Regime") as follows:
(a) the finalists will use the Dermablend Regime Selection on a daily basis, in accordance with the instructions and guidance issued by email; and
(b) the finalists will not use any foundation make-up products other than the Dermablend Regime Selection,
12. By 23:59 on 11 June 2017, all finalists must:
(a) respond directly to the email received from the Promoter regarding the Dermablend Regime with the following attachments:
(i) two sets of before and after selfies showing the finalist's skin before applying Dermablend foundation and after using Dermablend foundation; and
(ii) a completed survey (supplied by the Promoter by email) detailing the finalist's experience using the Dermablend Regime Selection;
(b) record and upload to the Hub a short video (up to 30 seconds in length) in which they:
(i) identify any skin conditions they may have (for example, hyper-sensitive, intolerant and/or allergy-prone skin);
(ii) provide an account of their experience using the Dermablend Regime Selection and the Dermablend Regime; and
(iii) explain why they should be one of the new faces of Dermablend.
13. Finalists must ensure that there is no background music played in the video they submit during Phase 2 and that any other people featured in the video have consented to appear. All videos submitted via the Hub must comply with our General Terms and Conditions (below).
By 13 June 2017, from the 25 finalists, 5 winners will be selected as further described in the Prize and Competition Details sections below.
1. The 5 winners will form the Dermablend Squad.
2. Each member of the Dermablend Squad will be expected to take part in a professional photo-shoot to be held on 19 June 2017 at a London location (to be advised by the Promoter) (the "Squad Photo-shoot"), at which each winner will be filmed and photographed:
2.1. for before and after photographs to feature in the Promoter's marketing activities relating to the Dermablend Squad;
2.2. for the creation of testimonial videos, talking about their experiences using Dermablend products during the Promotion which may feature in the Promoter's marketing activities relating to the Dermablend Squad;
2.3. interacting with the other winners for Dermablend Squad promotional material; and
2.4. alongside the Promoter's expert dermatologist and make-up artists for the purposes of creating promotional video content, including "how-to" videos and make-up tip videos.
3. The 5 winners must take part in the Squad Photo-shoot in order to claim the following prizes:
3.1. a 30 minute personalised make-up consultation and lesson with the Promoter's expert make-up artist, and a 30 minute personalised skin consultation with the Promoter's expert dermatologist (to be held on 19 June 2017 at a London location, to be advised by the Promoter) ("Consultations"); and
3.2. up to 5 products per month for 12 months from the Vichy skincare and Dermablend foundation range (as selected by the Promoter's expert dermatologist and make-up artist).
4. The Promoter may, at its absolute discretion, change the dates of the Squad Photo-shoot and the Consolations. The exact dates will be confirmed with the winners, at least two (2) days before the Squad Photo-shoot and the Consultations. If a winner is unable to attend the Squad Photo-shoot, or no longer wishes to be involved in the Dermablend Squad campaign, the Promoter may, in its sole discretion, select an alternative winner.
5. For all winners, the Promoter will organise and pay for economy class travel from each winner’s place of residence in the UK to the Squad Photo-shoot and return. The winner is responsible for paying all associated costs that are not specifically stated in these Terms and Conditions, including (where applicable) transport to and from the departure airport or train station, accommodation, meal costs, spending money, insurance and all other incidentals.
6. Following the Promotion, the Promoter may approach any of the 5 winners, forming the Dermablend Squad, with the opportunity to take part in further promotional activities including the chance to review new products ahead of anyone else. Such further activities shall be at the absolute discretion of the Promoter and there shall be no obligation on the Promoter to offer such opportunities to any or all winners of this Promotion.
Number of Major Prize Winner(s): Five (5)
Judging Date: 13/06/17
Judging Procedure: From the twenty five (25) finalists taking part in the Dermablend Challenge, five (5) winners will be selected to form the Dermablend Squad on the Judging Date by a panel of judges, including one independent member, based upon and taking into account the following criteria:
(a) Suitability based on the perceived stressfulness of the entrant's profession, with the aim of forming a Dermablend Squad consisting of those in high stress jobs;
(b) Suitability based on the quality of the photographs and videos submitted during the Promotion;
(c) Suitability based on skin type, skin tone and skin concerns (for example, acne, rosacea, vitiligo, scars, tattoos and dark marks);
(d) Suitability based on geographical location, age and gender of the entrant with the aim of selecting a diverse set of finalists; and
(e) Suitability based on the entrant’s ability to provide well-articulated and engaging content whilst also demonstrating a passion for beauty and skincare.
Notification of Winner(s): Winner(s) will be notified by direct email or phone call using the details submitted via the Hub, by 13/06/17. If a winner does not respond via the above routes after two (2) days of the Promoter’s initial contact being made, the Promoter reserves the right to select an alternative winner through the Judging Procedure described in these Terms and Conditions.
General Terms and Conditions
Entry and eligibility
1. Entries must be received between the Entry Open Date and the Entry Closing Date.
2. The competition 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 Promoter’s competitor brands or that show any intention of promoting any brand other than 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 Promoter reserves the right to select an alternative winner in accordance with the Judging Procedure if:
(a) two (2) days 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
(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 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 competition
12. In entering the competition, all entrants, finalists and winners agree to participate in any promotional activity relating to the competition, which may include the use of entry content (including the information and content submitted during Phase 1 and Phase 2) and content produced by Dermablend Squad members during the Squad Photo-shoot, 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 competition) 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.
13. All personal details and/or information given in the application 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.
15. Entrants acknowledge and consent that certain data relating to their skin type either provided by them or collected during the application process and/or as part of this Promotion may constitute “Sensitive Personal Data”. The Promoter may use any such data to assess whether or not to select an entrant to participate in this Promotion.
16. If an entrant is selected as a winner in this Promotion, that entrant's information may be used in connection with the development, production, exploitation, production and marketing of this Promotion and Dermablend products. By submitting an application and agreeing to these Terms and Conditions, entrants consent to their personal information being used as described above.
17. As part of their participation in this Promotion, entrants may be given the opportunity to be provided with suggestions or recommendations from experts in the cosmetic industry. Entrants acknowledge and agree that any such suggestions or recommendations received through their participation in this promotion are not intended to constitute any kind of medical advice and entrants should not therefore rely on them.
18. Entrants should always obtain separate professional or specialist advice and consult their doctor if they have any questions or concerns about their physical wellbeing. The Promoter does not provide any kind of medical diagnostic service and are not able to diagnose or treat any kind of medical condition or the effect that any specific cosmetics or treatments may have. Any cosmetic products that an entrant decides to use are used at their own risk.
Use of Promotion Content
19. All entrants agree and consent to:
(a) filming, photographing and recording themselves, providing information and text in connection with their application to the Promotion and participation in the various stages of this Promotion, and taking part in the Squad Photo-shoot if selected as one of the five (5) winners of the Promotion, including the creation of any photos, videos and other materials during the Squad Photo-shoot (“Contribution”); and
(b) the use of Contributions (in whole or in part) in connection with promotional activities relating to any products of the Promoter, and to participate in any promotional activity relating to the Promotion.
20. Entrants irrevocably grant and assign to the Promoter by way of present assignment of present and future copyright, all rights of any nature in and to the rights, title and interest in their Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media (including online, digital and print) by the Promoter in perpetuity 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. For the avoidance of doubt, entrants agree that the Promoter shall have the right to edit, copy, adapt or translate the Contribution as it sees fit.
21. Entrants further agree that any photographic material(s), video material(s) and/or any other materials (including answers to the entry questionnaire on the Hub) submitted as part of an entrant's participation in this Promotion, including Phase 1 and Phase 2 (collectively referred to as a “Submission”) may be used by the Promoter 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 and you promise that entrants have the necessary licences, rights, consents and permissions to authorise the Promoter to use their Submission in full or in part.
22. Entrants grant the Promoter a worldwide, perpetual, royalty free and transferable licence (with the right to sub-licence) to use, edit, record, modify, translate, distribute, make available to others, prepare derivative works of and exploit their Submission by any medium or method whether now known or later developed throughout the world for the full term of copyright and other rights and all renewable and extension thereof.
23. Entrants agree that their Contribution and/or Submission may be edited, adapted, displayed, or published in all media (print and internet) for the purposes of PR, advertising, marketing or promotion by the Promoter, including but not limited to the Promoter's website and other third party websites, social media (including facebook, Youtube, Twitter, Instagram, blogs, vlogs, e-newsletters, press releases, editorial, point of sale material, newsletters, advertorials and trade press etc.) and/or otherwise made publicly available at the discretion of the Promoter.
24. Entrants grant the Promoter the right to use their name, voice, likeness, photographs, videos and age in connection with promoting Dermablend products and/or ancillary products/services of the Promoter, throughout the world in all media in perpetuity.
25. All entrants acknowledge that they give the above consents and grant the above rights relating to their Contribution and Submission in consideration for the benefits, experience and exposure they may obtain as a result of being involved in this Promotion. Entrants understand the Promoter will incur substantial expense in creating the Contribution in reliance of the consents and undertakings given.
Limitation of Liability
26. 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 competition 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 competition.
Website Specific Terms and App Specific Terms
27. Entrants must have internet access to be eligible.
29. Promoter’s decision is final and no correspondence will be entered into.
30. Promoter reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the competition 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).
31. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.