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Terms & Conditions created using Promotion Wizard
These Terms and Conditions are between the applicant (You) and L’Oréal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia (L’Oréal, us, we, our).
The Creator Club is open to Australian residents aged 18 years or over.
(a) be in breach of any laws, regulations and rights, e.g. any third-party Intellectual Property Rights, or laws regarding Intellectual Property Rights (copyright, trademarks, etc.), defamation and privacy;
(b) be objectionable or for any reason unsuitable for publication;
(c) reference or feature any other brand(s) or
(d) contain viruses
For the purposes of these Terms and Conditions, Intellectual Property Rights means all intellectual property rights throughout the world, including but not limited to all registered or unregistered present or future rights in relation to copyright, trade marks or service marks (including goodwill in those marks), designs, moral rights, database rights, patents, trade, business or company names, trade secrets, know-how, ingredients, confidential or other proprietary rights, or any rights to registration or renewal of such rights whether created before or after the date of this Agreement.
4. By submitting any Material, You warrant that:
(a) the Material is your original work and that You own and (if applicable) You have obtained full prior written consent from any person who has jointly created or has any rights (including Intellectual Property Rights) in the Material that You have the right to license the copyright in any Material;
(b) no rights have been granted to any third party in respect of any such Material which would prevent the use or reproduction of the Material by L’Oréal; and
(c) use of the Material by L’Oréal will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, Intellectual Property Rights and defamation)
5. You must obtain prior consent from any person or from the owner(s) of any property that appears in their Material.
6. You retain ownership of the Material (other than to the extent such Material incorporates any third party rights).
7. By submitting Material, You:
(a) agree that the Material will be used to assess your application to enter the Lancôme Creator Club; and
(b) license and grant L’Oréal, its affiliates and sub-licensees a royalty-free, worldwide and irrevocable right to use, reproduce, modify, adapt, publish and display the Material (including any portion of the Material) for the duration of your membership for any purpose via its social media channels, website and/or electronic direct mail (eDM) content (includes paid advertising) without compensation, restriction on use, attribution or liability
8. You consent (or have procured the consents for any relevant third parties) for L'Oréal to use the Material in any manner that may otherwise infringe any Moral Rights. Moral Rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth).
9. You must not refer to L’Oréal or its products or services in a way that brings any of the foregoing into disrepute, or otherwise damages or diminishes the reputation or value of the foregoing.
10. You are responsible for all Material submitted. L’Oréal will not be liable for any claims regarding any Material, to the maximum extent permitted by law.
11. L’Oréal reserves the right to remove, request removal or decline to publish any Material (or part thereof) for any reason whatsoever, including if the Material or You are in breach of these Terms and Conditions. You must comply with any request made by L’Oréal pursuant to this paragraph within 48 hours of any such request.
12. L’Oréal reserves the right to accept or reject any entry to the Lancôme Creator Club in its full discretion. Submitting an application, including any Material, does not guarantee your acceptance to the Lancôme Creator Club.
13. Any accepted entrant to the Lancôme Creator Club must consent to and comply with the Lancôme Creator Club Terms and Conditions in place from time to time.
14. You agree to comply with the L’Oréal Social Media Commitments attached to these Terms and Conditions as Annexure 1.
15. All Material submitted must also be generally compliant with the AANA Code of ethics (available at https://aana.com.au/self-regulation/codes-guidelines/code-of-ethics/).
16. To the maximum extent permitted by law, You agree to indemnify L’Oréal for any costs, losses, liabilities, claims, penalties, interest, expenses or proceedings (“Loss or Damage”) arising out of or in connection with, whether directly or indirectly from:
(a) your application to enter the Lancôme Creator Club and the submission of any Material by You:
(b) any breach of the Terms and Conditions by You; and/or
(c) any breach of third party Intellectual Property Rights (including that may arise from our use of third party Intellectual Property Rights in accordance with the rights granted herein).
For the sake of clarity, this clause shall not apply where L'Oréal has contributed to any such Loss or Damage.
If you’re posting on social media on our behalf, or if you’re associated with our brands in any capacity, You must follow these principles.
If we’ve engaged You to post about us or review our products, You need to disclose it – especially if You have been provided complimentary products or if we have paid You for the content you’ve created. You must clearly disclose our commercial arrangement so that the nature of the relationship is transparent to your audience. You must post at least once (1) per Lancôme product send out. Products send out will occur on a quarterly basis.
You must use #Ad or #Sponsored and/or use the ‘Paid Partnership’ tool as a minimum on all content including but not limited to stories and posts. Additional hashtags must be used in addition to, but not instead of, the minimum disclosure hashtags identified above. These additional hashtags must be incorporated in the content and can include any one or more of the following: #Lancome, #LancomeAustralia, #CreatorClubByLancomeANZ, #LancomeMakeup and/or #LancomeSkincare or additionally #Ambassador, #Collab or #PaidPartner (as determined by L’Oreal). You must also mention Lancôme’s social media handle based on where the content is advertised (see below):
All disclosures must be easy to understand and done properly, including the placement and visibility – for example:
For Australian social media content, the Australian Influencer Marketing Council (AIMCO) Code of Practice outlines best practice regarding advertising disclosure (together with guidance from the relevant social media platforms) which we expect in our relationship with You and how You disclose your affiliation with us.
You agree to participate in and co-operate as required with all reasonable marketing and editorial activities or exclusive events, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledge that L'Oreal may use any such marketing and editorial material without further reference or compensation to You.
Be respectful of others. Always act within prevailing and acceptable standards of community behavior, health and safety. Don’t be defamatory, hurtful, offensive, discriminatory, obscene, derogatory, or sexually explicit or promote anything illegal or violent. Don’t bully or troll. Don’t disparage competitor products. Respect others’ privacy.
If we have engaged You, your content directly reflects upon us. Where we are featured on your pages or channels, we ask You to keep your other content tasteful: all of your conduct and your posts reflect on us, not just the content specifically about our products.
Be accurate and realistic. Be authentic and truthful. Don’t be misleading. Make it clear if something is your opinion, and not a fact (eg - “this is the best I’ve used / in my opinion.”) If you’re talking about the effect of a product, say how it looks or feels for You; but don’t over-exaggerate, and don’t apply filters if they are likely to exaggerate the effects of a product.
Don’t use a product differently to its instructions. You must not re-sell any product we’ve provided to You.
Don’t discuss our confidential information, especially about launches or campaigns which haven’t happened yet. Don’t comment on rumours.
Don’t suggest that You have originated or created something which was actually created by someone else. Your posts should be your work and/or belong to You. Credit where it’s due. Don’t use copyright material (e.g. background music) without a licence. Re-post under the rules of the relevant channel. All content must use original sound or the Lancôme Music Library. For TikTok content, You may use music from the TikTok commercial library.
Exercise good judgment and common sense – consider what could happen if it went viral for the wrong reasons. Check with us if you’re not sure.
We may terminate your membership and this Agreement and remove You from the Creator Club:
(a) immediately upon written notice if any one or more of the following occurs:
i. You are in breach of any provision of this Agreement and You have failed to remedy the breach, where it is capable of remedy, within 24 hours of being advised to do so;
ii. You act, say, or do anything which, in our reasonable opinion would:
1. bring us, our affiliated or subsidiary companies or the Brand or its products into disrepute; or
2. in any way damage our brand, reputation or products.
(b) Either party may terminate this Agreement at any time, in whole or in part, on giving not less than 14 days’ prior written notice to the other.
If this Agreement is terminated, all further rights and obligations of the parties shall cease immediately other than any accrued rights and obligations at the date of termination. However, all obligations in relation to confidentiality, any warranties, indemnities and our obligation to pay you for the engagement already performed (at the agreed Fee, if any, pro-rated accordingly) shall remain in full force and effect.
For general enquiries please contact: [email protected] OR INSERT CONTACT DETAILS.
© 2024 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
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