Terms & Conditions
Si Intense Photobooth ("Conditions of Entry")

Promotion

Si Intense Photobooth

Promoter

L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: 03 8680 0000

For any inquiries regarding this Promotion, please contact the Promoter on [email protected] or 03 8680 0000

Promotional Period

Start date: 21/09/23 at 09:00 am AEST

End date: 24/09/23 at 11:59 pm AEST

Eligible participants

Participation in the photobooth activation is only open to Australian residents. Persons under the age of 18 must have parent or legal guardian approval to enter.

Participation/Usage Instructions

Complete the following steps during the Promotional Period:

• visit the Si Intense Pop Up at Pitt St Mall in Sydney;

• enter and submit their details to sign up to the Armani Beauty mailing list within the photobooth (in order to use the photobooth); and

• on completion the participant will be able to use the photobooth to take photo(s) and their photos taken will be emailed to the email address provided.

Participants may use the photobooth multiple times, however once they have had their first turn they must go back to the end of the queue to wait their turn for next opportunity to use the photobooth.

Further Conditions

1. The participant agrees and acknowledges that they have read these Terms and Conditions (and Schedule) and that use of/participating in the photobooth is deemed to be acceptance of these Terms and Conditions (and Schedule). Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period").
3. If there is a dispute as to the identity of a participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the participant.
4. All entries 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 Promotion, 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 Promotion, 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 https://www.loreal.com/en/aust... (for Australia) and https://www.loreal.com/en/new-... (for New Zealand), 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.
5. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim 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).
6. 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, subject to State or Territory regulation.
7. The Promoter reserves the right, at any time, to validate and check the authenticity of entries 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 their right to any photo in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, will at the Promoter's discretion be deemed invalid and not eligible to claim a photo. Claims containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to claim a photo. 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.
8. All material submitted as part of this promotion (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Participants warrant that they own or have the right to license the copyright in any material submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such claim which would prevent the material being used as contemplated by this Promotion, and that the use by the Promoter of any such material will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Participants must obtain prior consent from any person or from the owner(s) of any property that appears in their material. By submitting material, all participants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their material (including any portion of their material) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Participants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their claim to the Promoter and to sign any legal documentation to confirm such assignment. Participants agree that their material is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Participants consent to any use of their material that may otherwise infringe their moral rights. Participants are responsible for all materials they submit. The Promoter will not be liable for any claims, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any material or portion of any material for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to participants if it exercises this right and participants must comply with any request made by the Promoter pursuant to this paragraph. The participants warrants and represents that any material sent or provided by the participant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the participant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Participants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
9. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the participant. If the dispute cannot be resolved the Promoter’s decision will be final.
10. 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 photo gift (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).
11. Claimants 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.
12. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.