Terms and Conditions for
"Belotero® Revive Challenge AR filter”
Instagram Contest

SECTION B

General Terms and Conditions

1. General

(a) The TERMS AND CONDITIONS shall apply to the Contest organized by Organizer. Participation in the Contest shall constitute acceptance of the TERMS AND CONDITIONS and any amendments thereof.

(b) The Contest is in no way sponsored, endorsed or administered by, or associated with Third Party Contest Platform. Any questions, comments or complaints regarding the Contest should be directed to Organizer, not Third Party Contest Platform.

(c) Non-compliance with or breach of any of the TERMS AND CONDITIONS may disqualify the participants and any prize won may be forfeited, withheld, withdrawn or reclaimed at Organizer’s sole discretion and without any liability to participants.

(d) Entry to the Contest commences on Contest Commencement Date and closes on Contest Closing Date (“Contest Period”). Organizer reserves the rights to amend the Contest Period at any time without prior notice to any party.

2. Eligibility

(a) The Contest is open to all legal residents residing in the Participating Territories aged 21 years old and above (as at the date of their participating entry).

(b) Employees of Organizer and its affiliates (and their immediate family members, including spouses, children, parents and siblings), and the agencies associated with the Contest, if any, including but not limited to advertising agencies, promotions agencies, printing company or any person assisting or who are involved in the Contest are not eligible to participate in the Contest.

(c) Participants must comply with all the criteria and mechanics governing the participation in the Contest as set out in Section A of the TERMS AND CONDITIONS.

(d) Incomplete information provided, failure to provide true and accurate information, failure to submit proof of identification upon collection of the Prize (if so required) or failure to comply with the criteria and mechanics governing the participation in the Contest as set out in Section A of the TERMS AND CONDITIONS, will automatically disqualify the participants.

(e) Organizer shall have the sole discretion to determine the eligibility of the participants and shall have the right to disqualify any ineligible participant without giving any reason thereof and without any liability to participants.

3. Multiple Entries

Unless otherwise stated in Section A of the TERMS AND CONDITIONS, no participant may submit entry to the Contest more than once. Each eligible participant is only entitled to submit one (1) entry for the Contest. In the event of multiple entries, Organizer reserves the right at its sole and absolute discretion without notice to the participants either to disqualify the participant, or to use the latest submission of the participant to qualify for the entry to the Contest. In such an event, no further correspondence or appeal will be entertained under any circumstances.

4. Materials

(a) Participants and winners warrant that they own all the intellectual property rights in all photos, drawings, texts and/or any other contents, information or materials (collectively “Materials”) and the Materials do not infringe any person’s intellectual property rights, as at the submission date of the Materials to Organizer. By submitting the Materials for the Contest, participants hereby agree that –

(i) all the Materials shall become the sole and exclusive property of Organizer;

(ii) participants shall assign or otherwise transfer all intellectual property rights in the Materials to Organizer such that the ownership thereof vests in Organizer. Where some intellectual property rights may not be legally assignable or transferable, participants shall grant to Organizer an exclusive, world-wide, irrevocable, sub-licensable, perpetual and royalty-free license for the use of the Materials; and

(iii) Organizer shall have no obligation to preserve, return, or otherwise make available the Materials to participants, winners or any other party.

(b) Organizer shall have the right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, advertise display, exhibit and/or otherwise make use of Materials in any and all media, whether now or hereafter, throughout the world and for any purpose at the absolute discretion of Organizer, without notice and compensation to participants, winners or any other party.

5. Prize

(a) Winners will be determined by the Organizer based on the criteria as set out in Section A at the absolute discretion of the Organizer. Each winner is only entitled to one (1) Prize.

(b) The Prize is subject to

(i) terms and conditions as may be imposed by Organizer; and

(ii) any other terms and conditions as may be imposed by the relevant partner/organization providing or sponsoring the Prize (“Prize Ts&Cs”). By accepting the Prize, the winners hereby agree to be bound by such Prize Ts&Cs

(c) The winners shall not directly or indirectly resell, attempt to resell and/or allow the resale of the Prize in any manner whatsoever. A breach of this term shall constitute a material breach and shall entitle Organizer to immediately withdraw or reclaim the Prize upon notice and without any liability to Organizer.

(d) The Prize, or any part thereof, are strictly not transferable or exchangeable for cash, any other item or benefit.

e) Organizer reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to, replace or alter the Prize or any part thereof without prior notice or reason to any party or assuming any liability to any party.

(f) Organizer shall not be responsible for missing Prize during the course of delivery of the Prize to winners once Organizer informs winners of the delivery tracking number for the Prize.

(g) Each Prize is used at the sole risk of the winners.

6. Notification on Prize Redemption

(a) The winners will be notified by Organizer by social media channels, emails, telephone number or direct message on social media (winners must, therefore ‘like’ or ‘follow’ Organizer’s social media account in order to be contacted on the Prize) (“Notification”), within thirty (30) days following the Contest Closing Date. Organizer shall not be responsible or be liable for any late, lost, misdirected or unsuccessful efforts to notify the winners. Winners shall redeem the Prize in accordance with the Prize Redemption as set out in Section A and/or instructions given by the Organizer in the Notification.

(b) In the event a winner fails to respond to Organizer in accordance with the Notification within five (5) days after the Notification is being sent to the winner or winner fails to redeem the Prize within the time period specified in the Notification, such winner shall be deemed to have relinquished his/her entitlement to the Prize. In such an event, no further correspondence or appeal will be entertained under any circumstances and Organizer will choose another winner at its absolute discretion as a replacement.

(c) Winner who is deemed to have waived his/her claim to the Prize hereby releases and forever discharges, all and/or any actions, claims, rights and demands that he/she may have against Organizer and shall not be entitled to any compensation from Organizer.

7. Publicity

Organizer may undertake publicity activities relating to the Contest and Prize awards. Winners therefore agree to the use of their name, photograph, likeness, image and/or region of residence in any post-prize-winning publicity in accordance with Organizer’s privacy policy: https://www.merz.com//app/uploads/2019/06/merz_privacy_policy.pdf. (“Organizer’s Privacy Policy”).

8. Others

(a) All visuals relating to the Contest or the Prize are for illustration purposes only.

(b) Organizer’s decisions on the Contest and the winners shall be final and no correspondence or appeal to Organizer will be entertained under any circumstances. In the event of a dispute, any individual’s entitlement to participate in the Contest and any participant’s entitlement to the Prize shall be subject to the sole discretion and final determination of Organizer.

(c) Organizer reserves the right at its sole discretion to add, suspend, terminate, change, modify, replace, amend or cancel the Contest or any of the TERMS AND CONDITIONS, in whole or in part as it deems fit at any time and without notice or liability to any party. Any changes relating to the Contest may be posted within the Contest’s platform or Third Party Contest Platform during the Contest Period and Organizer shall not be liable to any party for any losses or damages suffered or may be suffered by any party either directly or indirectly as a consequence hereof.

(d) It shall be at Organizer’s sole discretion to determine if any of the TERMS AND CONDITIONS have been breached by any participant or winner. The decision of Organizer in this regard is final and conclusive.

(e) By participating in the Contest, participants and/or winners hereby agree to defend, release, discharge and/or hold harmless Organizer, its directors, officers, employees, agents, related corporations, affiliates, representatives, third party service provider (collectively “Organizer Group”) from any and all losses, damages, costs and expenses (including legal fees on an indemnity basis), demands, causes of action, claims, actions or liabilities of any nature whatsoever, whether known or unknown at the present time, whether directly or indirectly, in connection with:-

(i) any defects, quality, merchantability or any other aspect of the Prize.

(ii) any acts or defaults of the sponsor, issuer, merchant and/or suppliers of the Prize;

(iii) participants’ and/or winners’ breach or violation of any laws, regulations or the TERMS AND CONDITIONS, which shall include but not limited to any claims of infringement resulting hereof;

(iv) any accidents, theft, loss of life, injury to person, lost parcels, lost profits, revenue, business or anticipated savings, loss or damage to property and/or any other loss or liability suffered by the participants, winners and/or his or her companion as a result of or in connection with his or her participation in the Contest, or resulting from the award, delivery, acceptance, redemption, use or enjoyment of the Prize; and/or

(v) any tax liabilities in relation to the Contest, Prize and/or use or enjoyment of the same.

Organizer shall have the right (but not obligated) at any time to assume the defense against any claim and all negotiations for settlement and compromise. Participants and winners agree to cooperate with Organizer in such defense, if any. This provision is binding on participants and/or winners, their spouse, their children, legal representatives, heirs, successors and assigns.

(f) Failure by Organizer to enforce or perform any one of the TERMS AND CONDITIONS in any instance(s) shall not give rise to any claim or right of action by any participant or winner, nor shall it be deemed to be a waiver of any of Organizer’s rights in relation to the same.

(g) The TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of Hong Kong and the Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall be expressly excluded from the application hereto. The parties agree to be bound by the exclusive jurisdiction of the courts of Hong Kong.

9. Use of Personal Data

(a) By participating in the Contest, participants and/or winners expressly authorize and consent to Organizer Group to collect, use, retain, process, disclose and/or transfer (including any transfer across national borders to overseas Organizer Group) the participant(s)’ and/or winner(s)’ personal data without compensation to participant(s)’ and/or winner(s)’ in accordance with the manner set out in Organizer’s Privacy Policy for the purposes of:-

(i) conducting and administering the Contest and/or the Prize, including sending information to, or contacting participants and/or winners on all matters pertaining to the Contest and/or the Prize;

(ii) publicity and/or use in advertisement relating to the Contest and Prize awards;

(iii) managing your relationship with Organizer Group, where applicable, in relation to the Contest; and/or

(iv) promotional and marketing purposes to the extent participants have opted in for such purpose.

(b) Participants and/or winners also acknowledge and agree that the consent here does not affect any other consent which participants and/or winners may have already given to Organizer Group and their rights at law in respect of their personal data.

(c) If participants, contestants and/or winners provide the Organizer with any personal data relating to a third party (e.g. information of his/her spouse, children, parents, and/or any other party), by submitting such information to the Organizer, the participants, contestants and/or winners represent and warrant to the Organizer that he/she has obtained the consent of the third party to provide the Organizer with their personal data for the respective purposes.