Terms & Conditions
MAYBELLINE FOUNDATION MONEY BACK GUARANTEE 2022 ("Conditions of Entry")

Promotion:

MAYBELLINE FOUNDATION MONEY BACK GUARANTEE 2022

General

• L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: 03 8680 0000 (referred to herein as “L’Oréal” and the “Promoter”) will honour a money back guarantee (“Guarantee”) in accordance with these Terms and Conditions.
• Information on how to claim forms part of these Terms and Conditions. By making a claim, claimants agree to be bound by these Terms and Conditions. Claims must comply with these Terms and Conditions to be valid.
• The Guarantee applies to retail purchases in Australia of all Maybelline foundation products purchased between 1^st February 2022 – 31^st December 2022 (“Purchase Period”). For the purposes of clarification all products included in the offer can be found here - https://www.maybelline.com.au/face-makeup/foundation (“Product”).

Eligible Claimants

• The Guarantee is open to Australian residents only.
• Claimants under 18 years old must have parental/guardian approval to claim and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by L’Oréal to enter into a further agreement as evidence of consent to the minor submitting a claim in this Guarantee.
• Employees and their immediate families of L’Oréal and its agencies (including printers, suppliers and providers) associated with this Guarantee are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
• L’Oréal (or its nominated third party) reserves the right to verify the validity of claims and claimants (including a claimant’s identity, address and any information from claimants relevant to their claim) and to reject any claim if, in L’Oréal’s reasonable opinion the claim is false, invalid, fraudulent or ineligible. Errors and omissions may be accepted at L’Oréal's discretion. Failure by L’Oréal to enforce any of its rights at any stage does not constitute a waiver of those rights. L’Oréal's legal rights to recover damages or other compensation from such an offender are reserved.
• Only one (1) claim will be permitted per household; and maximum of one (1) claim is permitted per eligible transaction/receipt.
• Incomplete or indecipherable claims will be deemed invalid.
• To be eligible for the Guarantee, you must:
  • purchase a Product from any retailer in Australia which stocks Maybelline product/s, including their online retailers, within the Purchase Period and retain your proof of purchase;
  • use the Product in accordance with any usage instructions provided with the Product; and
  • if you are not satisfied with the Product, make a claim in accordance with these Terms and Conditions.
• Claimants must retain their original purchase receipt for their claim as proof of purchase. Failure to produce the proof of purchase for their claim when requested may, in the absolute discretion of L’Oréal, result in invalidation of the claimant’s claim and forfeiture of any right to a Guarantee. Purchase receipt must clearly specify the store of purchase as an eligible store, and that the purchase was made during the Purchase Period but prior to claim.

Claiming the Guarantee

• You may only claim the Guarantee within fourteen (14) days of the date you purchased the Product. Final claims must be submitted by 11.59pm AEDT on 14^th January 2023.
• To claim the Guarantee, you can choose the method of refund including EFT, PayPal, or Cheque. You must, within 14 days of purchase send an email to [email protected] and include the following:
  • Advise your refund preference either EFT, PayPal, or cheque;
  • your personal details including your full name, contact number, valid email address, and postal address;
  • a photograph of your proof of purchase with all details clearly visible;
  • a brief explanation as to why you are not satisfied with the Product;
  • specify where you saw this promotion advertised;
  • If requesting PayPal payment please include your PayPal email address;
  • If requesting EFT please include your BSB and Account Number.
• An eligible claimant who submits a valid claim will receive a refund of the price paid by the claimant for the Product in the payment method chosen, inclusive of GST, up to a maximum of AUD$35. EFT refunds will be transferred to the nominated account within seven (7) business days of validation of your claim. PayPal refunds will be deposited to the nominated PayPal account within seven (7) business days of validation of your claim. Cheque refunds will be sent to your nominated postal address within seven (7) business days of validation of your claim. Claimants should allow up to 28 days for delivery of their refund cheque. Only those claimants who provide all the required information as outlined in clause 13 will be eligible for the Guarantee. Refund payments are only available in Australia. If multiple Products are purchased within a transaction, L’Oréal will only provide a refund (up to AUD$35) for the one (1) Product within the transaction for which the claimant provides an explanation that they were unsatisfied with the Product. If there is any question of which Product the explanation relates to, the Promoter will make final determination of the Product to which the refund will apply. The Promoter holds no responsibility if a claimant provides incorrect PayPal or EFT or personal details and refund is provided to an incorrect account/ cheque issued to an incorrect name.
• PIM Group, on behalf of L’Oréal, will manage the claim process and all queries must be directed to PIM Group, 77 Alexander Street, Crows Nest NSW 2065 Australia; 02 9439 1100; [email protected].

Miscellaneous

• If there is a dispute as to the identity of a claimant, L’Oréal reserves the right, in its sole discretion, to determine the identity of the claimant.
• L’Oréal’s decision is final and no correspondence will be entered into.
• If a claimant of the Guarantee is under the age of 18 years, the Guarantee will be awarded to the claimant's nominated parent or guardian on the successful claimant’s behalf.
• If for any reason a claimant does not redeem a Guarantee by the time stipulated by L’Oréal, then the Guarantee will be forfeited.
• Guarantees, or any unused portion of a Guarantee, are not transferable or exchangeable.
• The value of the Guarantee is accurate and based upon the recommended retail value of the Product (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the Guarantee after that date.
• Claimants who use multiple email addresses, residential addresses and/or aliases may be disqualified.
• Claimants consent to L’Oréal using their name, likeness, image and/or voice in the event they are a successful claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Guarantee (including any outcome), and promoting any products manufactured, distributed and/or supplied by L’Oréal.
• If this Guarantee is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of L’Oréal, including but not limited to technical difficulties, unauthorised intervention or fraud, L’Oréal reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the Guarantee, as appropriate.
• Any cost associated with accessing the Guarantee website is the claimant’s responsibility and is dependent on the Internet service provider used.
• If a Guarantee is provided to the Promoter by a third party, the Guarantee is subject to the terms and conditions of the third party Guarantee supplier and the provision of the Guarantee is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the Guarantee at the time it is issued to the claimant will prevail over these Terms and Conditions, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Guarantee, any delay or receive their claim or failure relating to the Guarantee itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise
• Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, L’Oréal (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Guarantee.
• Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, L’Oréal (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under L’Oréal’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by L’Oréal) due to any reason beyond the reasonable control of L’Oréal; (d) any variation in Guarantee value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of the Guarantee.
• All claims will be the property of the Promoter. The information claimants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect claimants' personal information (including through its contractors or agents) or disclose claimants' personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, claimants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By submitting a claim in this promotion, claimants’ 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 claimant via electronic messaging. By entering this promotion, claimants’ consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Claimants 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 https://www.maybelline.com.au/privacy-policy contains information about: (a) how claimants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how claimants can complain about a privacy breach and how the Promoter will deal with such a complaint.