Kiehl's x Contiki: Win A Trip to NYC Competition Terms & Conditions ("Conditions of Entry")

1) Promotion:

Kiehl's x Contiki: Win A Trip to NYC Competition

2) Promoter:

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

3) Promotional Period:

Start date: 09/02/24 at 09:00 am AEDT
End date: 07/03/24 at 11:59 pm AEDT

4) Eligible entrants:

Entry is only open to Australian and NZ residents who are 18 years or over (at the time of entering) and 18 – 35 years (at the time of trip departure) to be eligible to win the major prize.

5) How to Enter:

To enter the Promotion the entrant must visit https://cloud.e.kiehls.com.au/NYC_Competition or https://cloud.e.kiehls.co.nz/NYC_Competition and opt-in to receiving marketing communications from Kiehl’s and Contiki, during the Promotional Period.

Upon completing the above, the entrant will receive one (1) entry into the Major Draw.

Minor Draw Entries:
Individuals who complete the above are then eligible to enter the Minor Prize Draws. To enter the Minor Prize Draws, individuals must follow @kiehlsanz on Instagram (located at https://www.instagram.com/kiehlsanz) and @contiki on Instagram (located at https://www.instagram.com/contiki/) and ‘like’ and tag a friend on the relevant week’s promotional post (dates set out below).

Bonus entries for the Major Draw:
To receive bonus entries into to the Major Draw, entrants can complete one or more of the following bonus entry options during the Promotional Period:

Option 1: purchase an Ultra Facial Cream 50ml, Ultra Facial Cream 125ml or Ultra Facial Cream Refill product from any Kiehl's Boutique in Australia or New Zealand (including online at https://www.kiehls.com.au/ or https://www.kiehls.co.nz/) ("Participating Venues") and present their Kiehl’s account details or be logged into the relevant Kiehl’s website at the time of purchase (10 bonus entries awarded);

Option 2: visit and follow @kiehlsanz on Instagram at https://www.instagram.com/kiehlsanz and @contiki on Instagram at https://www.instagram.com/contiki/; and ‘like’ and tag a friend on the ‘Win a Trip to NYC’ promotional post (1 bonus entry awarded); and/or

Option 3 (only available to AU entrants): visit https://www.kiehls.com.au/ and follow the prompts to request a promotional link and share the link with a friend. Using the shared link, the friend will need to sign up to the Kiehl's database and purchase any product from any Kiehl's Boutique in Australia (including online at https://www.kiehls.com.au/) and present their membership details in order for the original entrant to receive 5 bonus entries.

6) Entries permitted:

There is a limit of one (1) initial entry per person for the Major Draw (for signing up to the mailing lists).
Multiple entries for Minor Prize Draws are permitted, however, entrants must tag a different friend each time for each Minor Prize Draw entry. For the sake of clarity, to receive additional entries into the Minor Prize Draw, entrants are only required to complete the mailing list sign ups (i.e. submit their entry into the Major Draw) once.

Bonus entries:
Multiple entries are permitted for bonus entry options 1 and 3, however, each entry must be submitted separately and in accordance with the entry instructions outlined above (and there is only one (1) entry permitted per transaction for any purchase requirement). In the case of bonus entry option 3, only one allocation of bonus entries will apply per friend who meets the entry/purchase requirements.

There is a maximum of five (5) bonus entries for bonus entry option 2, however, each entry must tag a different friend in a separate comment.

The entrant is eligible to win a maximum of one (1) Minor Prize (excludes SA residents)

7) Total Prize Pool:

Up to AUD $23,180.00

8) Prize Conditions:

Major Prize:

• Travel itinerary will be determined by the Promoter in its absolute discretion.
• Prize is subject to the standard terms and conditions of individual prize and service providers.
• The winner and his/her travel companions must depart from and return to the same departure point and travel together.
• Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
• Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included.
• Travel must be taken around the month of July 2024. The exact date will be determined by Contiki (in its absolute discretion) and will be communicated to the winner. Blackout periods may apply.
• The prize is subject to booking and flight availability.
• Frequent Flyer points will not be awarded and do not form part of the prize.
• The winner and their companions are responsible for ensuring that they have valid passports, any requisite visas, vaccinations and travel documentation.
• Change of travel dates, upgrade of flights, travel insurance and any other upgrades are at the winner’s own expense.
• Each travel companion must either be an Australian or New Zealand resident aged 18 – 35 years at the time of trip departure.

• Only entrants who complete the mailing list sign ups and the additional step to enter into the Minor Prize Draw on ‘How to Enter’ will be eligible for the Minor Prize Draw.

9) Winner notification:

The winner of the Major Prize will be contacted by email and SMS within seven (7) days of the draw. The winners of the Minor Prize will be contacted via Instagram within seven (7) days of the corresponding Minor Prize Draw. All winners will be published at https://www.plexus.co/terms/kiehls-x-contiki-win-a-trip-to-nyc-competition within thirty (30) days of the corresponding draw.

10) Unclaimed Prizes:

Prizes must be claimed by 08/05/24 at 12:00 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 09/05/24 at 12:00 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winner of the Major Prize redraw will be notified by email and SMS within seven (7) days of the redraw. The winners of the Minor Prize redraw will be notified via Instagram within seven (7) days of the redraw. All winners will be published at https://www.plexus.co/terms/kiehls-x-contiki-win-a-trip-to-nyc-competition within thirty (30) days of the redraw.

If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at https://www.plexus.co/terms/kiehls-x-contiki-win-a-trip-to-nyc-competition.

TERMS OF ENTRY

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry 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"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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 1st cousin.
5. Draws:
   1. All draws will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12pm (local time) by computerised random selection.
   2. There will be three (3) x Minor Prize Draws and one (1) Major Prize Draw conducted for this Promotion. Eligibility for the Minor Prize Draws and the Major Prize Draw is set out above.
   1. Minor Prize Draws: Entries open and close for each Minor Prize Draw on the dates/times specified in the table below. Entries in each Minor Prize Draw will NOT be entered into any subsequent Minor Prize Draw(s).

   Minor Prize Draw	Entries Open	Entries Close	Draw Date
   1	16/02/24 at 12:00 am AEDT	22/02/24 at 11:59 pm AEDT	23/02/24
   2	23/02/24 at 12:00 am AEDT	29/02/24 at 11:59 pm AEDT	01/03/24
   3	01/03/24 at 12:00 am AEDT	07/03/24 at 11:59 pm AEDT	08/03/24

   2. The first valid entry drawn from each Weekly Draw will win the Weekly Draw Prize outlined in the Schedule above.
   3. Major Draws: All qualifying entries will be entered into the Major Draw. The Major Draw will take place on 08/03/24.
      1. The first valid entry drawn in the Major Draw will win the Major Prize specified in the Schedule above.
   4. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
   5. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure the draws are open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable at the time stipulated by the Promoter for travel, they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
9. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram
10. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
13. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
14. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
15. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants' personal information (including through its contractors or agents) or disclose entrants' personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, entrants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By entering this promotion, entrants 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 entrant via electronic messaging. By entering this promotion, entrants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Entrants 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/australia/pages/group/privacy-policy-australia/ (for Australia) and https://www.loreal.com/en/new-zealand/pages/group/privacy-policy-new-zealand/ (for New Zealand), contains information about: (a) how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint.
16. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner and their travel companions may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Consumer Guarantees Act 1993 (NZ) and/or Fair Trading Act 1986 (NZ) and the Competition and Consumer Act 2010 (Cth).
19. 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 a prize, subject to State or Territory regulation.
20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
21. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. 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 entrant. If the dispute cannot be resolved the Promoter's decision will be final.
22. 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 prize (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).
23. The winner(s) 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.
24. Unless otherwise specified, a prize is a single event for the winner (and their guests) and cannot be separated into separate events or components.
25. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
27. Authorised under: ACT Permit No. TP 24/00184, NSW Authority No. TP/15 and SA Permit No. T24/144.