Terms & Conditions
Kiehl's Referral Program ("Conditions of Entry")

Terms and Conditions:

1. By participating in the Kiehl's Referral Program (“Promotion”) you acknowledge that you have read these Terms and Conditions regarding the Promotion, the Kiehl’s website terms at https://www.kiehls.com.au/terms-and-conditions.html and the Talkable terms, and that participation in this Promotion is deemed to be acceptance of all aforementioned terms and conditions. This Promotional offer can be valid in conjunction with other bonus product offers, but it is not valid with the following other offers: 10% off Kiehl’s welcome offer, 15% off sitewide, 3 for 2 or other offers offering percentage off or discounted items.
2. If a customer wishes to be removed from this Promotion, they can do so by filling out the Contact Us form on kiehls.com.au
3. The Promoter reserves the right to modify or amend at any time these Terms and Conditions.
4. The Promotion is conducted by L’Oréal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia (“Promoter”).
5. The Promotion commences on 13/04/2020 and will end at 11.59pm AEST on 31/12/2021 (“Offer Period”). All vouchers must be redeemed by 31/02/2022 11.59 AEST. The Promoter may choose to end the Promotion at any time at its own discretion.
6. Offer Details:
   1. Only Australian residents are eligible to refer a friend via the mechanics of this Promotion (“Eligible Referrer”). Steps 6) a), b), c) and d) below must also be completed during the Offer Period to be eligible.
   2. A banner ad relating to this Promotion will be featured on the Kiehl’s Australia website (kiehls.com.au). Any Eligible Referrer who clicks this banner ad, will be directed to a pop-up form, and asked to provide their first name and valid email address and tick the box to subscribe to the Kiehl’s marketing database. Upon completion of the form and selection of the ‘’invite friends’’ button, the Eligible Referrer will be provided with a unique URL which they can copy and share with friends who are not an existing Kiehl’s Australia database member and are an Australian resident (“Referred Friend”). The unique URL will expire in 14 days.
   3. If the Referred Friend (who is not an existing Kiehl’s Australia database member and is an Australian resident) clicks the URL and submits the form as prompted, including providing their first name and email address and clicks the tick box to sign up to the Kiehl’s Australia database; they (the Referred Friend) will receive a unique code on submission which they can use at checkout for their first purchase at kiehls.com.au to receive $10 off their first order with a minimum spend of $50 (“Referral Unique Code”). The Referred Friend may only use the Referral Unique Code once only. The Referral Unique Code will also be sent to the Referred Friend’s email address.
   4. Upon the Referred Friend completing the requirements in clause 6c) above, their Eligible Referrer will also be sent an email containing a unique code (“Eligible Referrer’s Code”). The Eligible Referrer may complete a purchase at kiehls.com.au and include the Eligible Referrer’s Code at checkout to receive $10 off that order. Each Eligible Referrer Code may be used once only; and only one (1) Eligible Referrer Code may be included for one (1) order. Each Eligible Referrer is entitled to only one (1) Eligible Referrer Code for each of their Referred Friends that completes the requirements in clause 6 c) above; up to a maximum of five (5) Eligible Referrer Codes in total (regardless of the number of persons they refer in excess of five (5)). Maximum of five (5) Eligible Referrer Codes may be used for the same delivery address.
   5. Offer codes does not apply to already discounted items.
   6. $10 off discounts cannot be applied to delivery costs.
   7. Codes will expire within 2 months from the date of receipt.
7. Form submissions are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Referred Friend or Eligible Referrer (each a “Participant” for the purposes of these Terms and Conditions). Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
8. Any offer code provided is not transferable, redeemable for cash or any another offer or gift.
9. The Promoter reserves the right to invalidate any claims for this Promotional offer that they have reasonable grounds to believe was submitted fraudulently (e.g. with an email address which has been created by the Participant for the purposes of obtaining offer codes).
10. Participants must ensure that any details provided on any form submitted for this Promotion are correct. The Promoter will not be responsible if incorrect email address details are provided and a Participant fails to receive an offer code.
11. All form submissions for this Promotion will be the property of the Promoter. The information Participants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may collect Participants’ personal information (including through its contractors or agents) or disclose Participants' personal information to its contractors and agents to assist in conducting this offer or communicating with, or developing its relationship with, Participants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By participating in this offer, Participants consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the Participant via electronic messaging. By participating in this offer, Participants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Participants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at www.loreal.com.au/miscellaneous/loreal-australia-and-new-zealand-privacy-policies.htm, contains information about: (a) how Participants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how Participants can complain about a privacy breach and how the Promoter will deal with such a complaint.
12. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver an offer code, any delay or failure relating to the offer code itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
13. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
14. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify this Promotion.
15. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and Participant's details (including a Participant's identity, age and place of residence). In the event that a Participant cannot provide suitable proof as required by the Promoter to validate their entry, the Participant will forfeit an offer in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim the offer. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.
16. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Participant and no correspondence will be entered into.
17. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any offer code or discount via this Promotion (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
18. The Participant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
19. The Promoter accepts no responsibility for any tax implications and the Participant must seek their own independent financial advice in regards to the tax implications relating to the offer or acceptance of the offer.
20. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.