TERMS & CONDITIONS

Welcome to our Canadian site for www.charlottetilbury.com/ca (the “Website”). References to “we”, “us” and/or “our” throughout the Website”) is to Charlotte Tilbury Beauty Canada Inc (“CTBC”).

The use of the Website is governed by these terms and conditions (“Terms of Use”). These Terms of Use should be read alongside, and are in addition to, our privacy and cookies policy accessible online (“Privacy and Cookies Policy.”) and our terms and conditions of sale accessible online (“Terms of Sale”).

Please read these Terms of Use carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy and Cookies Policy and the Terms of Sale (each as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.

About Us

CTBC (referred to in these Terms of Sale as “CTBC”, “we”, or “us”) is a company registered in Canada, whose registered number is 926227-0 and whose registered address is at 199 Bay Street, Suite 5300 Commerce Court West, Toronto ON M5L 1B9.

Should you have any questions about these Terms of Use or wish to contact us for any reason, please use the Contact Us section on the website.

Your use of the Website

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.

You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

Your Account

In order to use certain features of the Website, you must register for an account (“Account”). You must be over the age of majority in your jurisdiction of residence at which an individual can enter into a legal contract to register for an Account. You are solely responsible for ensuring that the use of the Website in accordance with the Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Website.

As part of the registration process, you will be required to provide us with certain information, such as your name, email address, country of residence and a password that is unique to the Account. You may also be required to provide us with payment and banking information to facilitate payments from your Account. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to transfer or sell your Account to any other person.

You are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.

You have the right to close your Account at any time once all obligations associated with the Account have been completed.

Ordering products

You acknowledge and agree that, in addition to these Terms of Use, the Terms of Sale apply to any transaction you make through the Website. By entering any transaction through the Website, you agree that you have read, understood and agree to our Terms of Sale (including as amended from time to time).

Intellectual property rights

CTBC and its Affiliates (defined below) are the owner or licensee of all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

Unless you have agreed otherwise in writing with CTBC or any of its Affiliates, nothing in these Terms of Use gives you a right to use any of the Content, CTBC’s or any it’s Affiliates trade-marks or other intellectual property of CTBC or any of its Affiliates. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.

You are permitted to use the Content only as expressly authorised by us.

You acknowledge and agree that the Content contained on this Website is made available for your personal non-commercial use only and that you may download the Content onto only one device for such purpose. Any other use of the Content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of the Content.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.

You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact Us section for more details).

User Content

Whenever you post content, such as a product review, to our Website you must comply with these provisions:

You may only use this Website for lawful purposes. You must ensure that any comment that you intend to post or upload to our Website or provide to us via this Website:

• does not contravene any applicable laws or contravene any person's legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);

• is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;

• is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;

• does not promote violence;

• is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;

• is not libellous or defamatory;

• does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• does not infringe any copyright, database right or trade mark of any person;

• does not give the impression that it emanates from us (unless that is in fact the case);

• is accurate (where it contains statements); and

• only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).

You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these terms. We reserve the right to remove material from the Website at any time without notice. We have the right to disclose your identity and other relevant information to law enforcement authorities where it is reasonable for the purposes of investigating a contravention of a law that has been, is being or is about to be committed. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

Limitation of Liability

Some provinces and territories do not provide exclusion of limitation of liability for all types of damages (including the province of Quebec). In those provinces, we will only be liable to you for damages that we are expressly required to be liable to you under applicable law. In any other case, you expressly understand and agree that we will not be liable to you for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with your use of the Website and these Terms of Use.

The limitations on our liability to you in this section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Warranty Disclaimer

Some Provinces and Territories do not allow for the exclusion of warranties (including the province of Quebec).In these provinces and territories, you have only the warranties that are expressly required to be provided in accordance with applicable law.

In all other provinces and territories, except as expressly provided herein, your use of the Website is provided to you “as is” and “as available”. We expressly disclaim all other representations, warranties and conditions, express or implied, including, without limitation, any representation, warranty or condition of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the Website, is that you are free to discontinue your use of the Website at any time.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

Any material and information presented by CTBI on the Website or with any products sold through the Website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. CTBI does not give or intend to give any answers to medical related questions and the Website is not a substitute for any medical professional or medical resource. CTBI does not represent itself as a physician nor is this implied.

Third Party Links

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.

Privacy and Personal Information

We will not sell, distribute or lease your personal data to third parties. However, we may share your personal data with third parties where we have your consent to do so (as per our Privacy and Cookies Policy) or are required by law to do so.

Termination and Suspension

We reserve the right to suspend your use of the Website or your Account at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website or your Account with immediate effect if you breach any of these Terms of Use.

Amendments to these Terms of Use

We may update or amend these Terms of Use from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Further key terms

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use.

These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right.

These Terms of Use are governed by and construed under the laws of the Province of Ontario. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the courts of the Province of Ontario.

The parties confirm that it is their wish that these Terms of Use and any other documents delivered or given pursuant to these Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s'y rattachant, soient rédigés en anglais seulement.

Goods offered for sale through the Site are supplied by Company.

Your submission of an order through this Site represents an offer to purchase goods and/or products indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications made by us until we accept your order are invitations to treat only and are not confirmed offers. This means that if goods or products are shown on the Site but are unavailable or incorrectly priced or otherwise incorrectly described, we are not be obliged to sell you those goods or products.

For shipping information please see our delivery page.

For our return policy please see returns page.

By using the Site, you represent, warrant and covenant that (a) you are 18 years of age or older; (b) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (c) you shall make timely and satisfactory payment for any products purchased by you on or in connection with the Site and (d) all registration information, including, without limitation, payment information (e.g., credit card, debit card information, etc.), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized herein or as otherwise expressly authorized by us or the applicable licensor. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

You acknowledge and agree that the material and content contained on this Site is made available for your personal non-commercial use only. Any other use of material and content of the Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The Charlotte Tilbury word mark, logo device and product names are registered trademarks of Islestarr Holdings Limited.

Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service at [+1-855-528-8495].

You will receive a shipping confirmation email once your items have shipped.

Company’s prices displayed on the Site are in Canadian dollars, unless otherwise indicated. All prices are subject to applicable consumption taxes including, without limitation, harmonized sales tax.

Please note that while we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.

In order to access and use certain content, features, or functionality of the Site including, without limitation, providing product reviews, we may require you to register for the Site and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your name, address, telephone number (collectively, a “User Account”). If you elect to become a registered user of the Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Site by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf. You agree to (a) immediately notify Company of any unauthorized use of your User Credentials or User Account, or any other breach of security, and (b) ensure that you log off from the Site at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) cancel your User Account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. Company shall not be responsible or liable for any loss that you incur as a result of someone else using your User Account and/or password.

The Site may provide you and other users with an opportunity to post or otherwise make available comments and other information or content via the Site (“User Content”). By submitting User Content, you acknowledge and agree that the term “User Content” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Content. You further acknowledge and agree that by posting, uploading, displaying, transmitting or otherwise providing the User Content, you authorize us to treat such User Content as non-confidential and non-proprietary, and are granting us and our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of our business and the businesses of our affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You understand, acknowledge and agree that all User Content is the sole responsibility of the person from which such User Content originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. We do not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall we be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.

We do not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content.

Whilst we will use all reasonable endeavours to verify the accuracy of any information we place on the Site, we make no warranties, whether express or implied, in relation to its accuracy. The Site is provided on an “as is” and “as available” basis without any representation, warranty or condition of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or through the Site. ALL IMPLIED REPRESREPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED.

We make no warranty that the Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. You agree that access to and use of this Site and the information, products and services, and content available thereon is at your own risk. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

You further understand and acknowledge that some messages and transmissions, including, without limitation, User Content, may not be processed in a timely fashion and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Company assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Content.

You agree to defend, indemnify and hold Company, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Site, (b) your breach or violation these Terms of Use or (c) your User Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such Claim.

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (“Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site's Privacy Policy., which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Company, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers or operational service providers. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or Company’s logo and/or sponsorship identification is on the third party website as part of a co-branding or promotional arrangement. If any third party website you interact with obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction and without notice to you.

If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by use shall be construed as a waiver of any preceding or succeeding breach of any provision.

Each provision of these Terms of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

These Terms of Use (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between you and Company in relation to such matters. You confirm that you have read these Terms of Use and you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.

You agree that these Terms of Use and any correspondence in connection therewith will be drawn up in English only. Vous convenez que ces Conditions d'utilisation et toute correspondance connexe seront rédigés en anglais seulement.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the Province of Ontario, Canada without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Province of Ontario, Canada. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the courts of Toronto, Ontario and you and Company do hereby consent to the jurisdiction and venue of such courts.

1. Introduction

These terms and conditions apply to the Find the Heart Promotion available on the following Charlotte Tilbury websites (the Websites):

• www.charlottetilbury.com/uk/

• www.charlottetilbury.com/ie/

• www.charlottetilbury.com/us/

• www.charlottetilbury.com/ca/

• www.charlottetilbury.com/nl/

• www.charlottetilbury.com/eu/

• www.charlottetilbury.com/au/

2. The Promoter

Islestarr Holdings Limited, a company registered in England and Wales with company number 07712458, whose registered office is at 50 Brook Green, Hammersmith, London, W6 7BJ customercare@charlottetilbury.com (Promoter).

3. The Promotion

Find the Beauty Filters heart on the Website applicable to you, fill in the entry form and be in with a chance to win the entire filter range of the Beauty Filters Collection (Promotion).

4. The Prize

4.1. The prize is a combination of the entire range of the Beauty Filters Collection including Hollywood Flawless Filter, Bigger Brighter Eyes Palettes, Legendary Lashes Volume 2, Pretty Youth Glow in both shades, Collagen Lip Bath, Cheek Hug Brush, selected by the Promoter at its sole discretion (Prize).

4.2. There is 1 Prize available to be won.

4.3. Prizes are subject to availability. There is no cash alternative for the Prize and the Promoter reserves the right to substitute the Prize with a prize of equal or greater value.

4.4. The Prize is exclusive of delivery costs.

4.5. The Promoter is not responsible for any additional costs and/or expenses in relation to the Prize including (without limitation) travel costs, other than any specifically listed as part of the Prize above and for the specified periods of time (where applicable).

4.6. A winner shall not, while using the Prize, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).

5. How to Enter

5.1. The Promotion will run from 8.00am GMT on 17th May 2018 to 23:59 GMT on 24th May 2018 (Closing Date). Entries made before or after these dates and times shall not be eligible.

5.2. To enter the Promotion simply find and click on the Beauty Filter heart shown on the Website applicable to you. By clicking on the heart, you will be redirected to an entry form on the Website which you must fill in and submit.

5.3. The Promotion is free to enter, no purchase is necessary.

5.4. The Promoter will not accept responsibility for entries that are incomplete, lost, damaged or delayed in transit, regardless of cause, including, for example as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

5.5. By entering, all entrants will be deemed to have read, accepted and be bound by these terms and conditions, any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

5.6. The Promoter accepts no responsibility for the ordered products and the Prize being lost or delayed in the post.

5.7. For help with participating in the Promotion, Customer Care should be contacted at customercare@charlottetilbury.com.

6. Eligibility

6.1. The Promotion is open to all residents, aged 16 years or over at the date of entry in all countries where the participating Websites ship to, except:

(a) employees of the Promoter and its associated companies or group companies;

(b) anyone professionally associated with the Promotion; or

(c) members of the immediate families or households of (a) and (b) above.

6.2. In entering the Promotion, entrants confirm that they are eligible to do so and eligible to claim the Prize. The Promoter may require entrants to provide proof of such eligibility.

6.3. By entering the Promotion, all entrants warrant that all information submitted by them is true and accurate.

6.4. Only the first entry for each entrant will be considered, multiple entries will not be counted.

6.5. The Promoter reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these terms and conditions, relevant laws and/or regulations and/or third party rights.

6.6. If the Promoter subsequently discovers that a winner is ineligible, has breached these terms and conditions or is suspected of engaging in any other foul play or unethical conduct, then the Promoter reserves the right (at its absolute discretion) not to award the Prize to that winner and award the Prize to another winner who will be selected at random. In that event the original winner agrees to return the Prize (at his/her expense) immediately to the Promoter. No alternative prize will be awarded to the original winner.

6.7. Entries cannot be returned.

7. Winner Announcement

7.1. Six winners will be selected at random from a pool of eligible entrants with correct entries submitted before the Closing Date.

7.2. The winners will be announced via email on 29th May 2018 (Announcement Date).

7.3. The decision of the Promoter is final and no correspondence or discussion will be entered into.

7.4. The Promoter will contact the winners as soon as practicable after the Announcement Date, using the telephone number or email address provided with their entries. The Promoter will not amend any contact information once the entry form has been submitted.

7.5. The Promoter will send the name and county of the winners to anyone who writes within one month after the Closing Date of the Promotion requesting details of the winners and who encloses a self-addressed envelope to the address set out in Condition 2.

8. Claiming the Prize

8.1. The Promoter will make all reasonable efforts to contact the winners. If the winners cannot be contacted or are not available, or have not claimed their Prize within 14 days of the Announcement Date, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the pool of correct entries that were received before the Closing Date.

8.2. The Prize may not be claimed by a third party on winner’s behalf.

8.3. The Promoter does not accept any responsibility if the winner is not able to take up the Prize.

8.4. The Prizes will be dispatched to the postal address supplied by the winners via royal mail recorded delivery or courier within 28 days of the Announcement Date. A signature may be required upon delivery. The Promoter accepts no responsibility for the Prizes being lost or delayed in the post.

9. Limitation of Liability

9.1. The Promoter is not responsible for any damage or loss suffered by any entrant where such damage or loss was not at the time the entry into the prize draw was made a reasonably foreseeable consequence of a breach of these terms and conditions or if the Promotion does not run as planned.

9.2. The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the entrants of any such failure.

9.3. Nothing in these terms and conditions shall operate to exclude the Promoter’s liability:

(a) for death or personal injury as a result of its negligence;

(b) for fraud; or

(c) further than is permitted by law.

10. Ownership of Promotion entries and intellectual property rights

10.1. All entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.

10.2. By submitting your entry and any accompanying material, you agree to:

(a) assign to the Promoter all your intellectual property rights with full title guarantee; and

(b) waive all moral rights,

in and to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled to under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

10.3. Prize winners agree for the Promoter to use, display, publish, transmit, copy, edit, alter, store or re-format entries and make entries available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the Promotion to the extent permitted by applicable law.

10.4. By submitting their entry, entrants confirm that:

(a) images and other submissions are original works, are not defamatory and do not infringe third-party rights;

(b) there are no conflicting agreements in place that restrict usage of these images or other submissions;

(c) they have consent to use any third-party image in the entry and rights have been waived for that use. If a third party image is of a person under 18, parental or guardian consent must be given; and

(d) they will produce evidence of any required consents at the Promoter’s request, or risk being disqualified from entering the Promotion.

11. Data Protection and Publicity

11.1. By entering the Promotion, entrants acknowledge that the Promoter (and its group companies on its behalf), may process, store, distribute and/or use the information (including personal data) entrants provide in their entry and in the process of entering for the following purposes which are in the Promoter’s legitimate interests under data protection laws:

(a) to enable it to administer entrants’ entry including deciding whether it accords with these terms and conditions;

(b) to notify entrants if they are the winner;

(c) to share with organisations or agents assisting with the conduct of the Promotion and fulfilment of the Prize; and

(d) to announce the winner of the Promotion in any media or press.

11.2. The Promoter will only disclose entrants personal data to those of its group companies and third party service providers who need it for the purposes listed in paragraph 11.1 above. The Promoter will only retain entrant’s personal data for 12 months.

11.3. Prize winners further agree to participate in any reasonable publicity required by the Promoter without further consent or payment.

11.4. For further information about how the Promoter uses personal data and the rights available under data protection law, please read the Promoter’s privacy policy at www.charlottetilbury.com

12. General

12.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice.

12.2. The Promoter reserves the right to cancel or amend these terms and conditions at any time without prior notice.

12.3. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

1. Introduction

These terms and conditions apply to the Charlotte Tilbury Bar of Gold Competition available on the following Charlotte Tilbury websites (Websites):

http://www.charlottetilbury.com/au/

http://www.charlottetilbury.com/ca/

http://www.charlottetilbury.com/ie/

http://www.charlottetilbury.com/uk/

http://www.charlottetilbury.com/nl/

http://www.charlottetilbury.com/us/

2. The Promoter

Islestarr Holdings Limited, a company registered in England and Wales with company number 8037372, whose registered office is at 50 Brook Green, Hammersmith, London, W6 7BJ (Promoter).

3. The Competition

Swipe up on Instagram, answer a question correctly via the Website and be in with the chance to win one of the Prizes (described below). There will be five questions over 10 hours with a chance to win a prize for each correctly answered question. (Competition).

4. The Prize

4.1. One prize per each of the five questions is available to be won. The prizes available to be won are the following:

(a) Prize #1: Bar of Gold Trio + Powder & Sculpt Brush

(b) Prize #2: Bar of Gold Trio + Wonderglow + Dry Sheet Mask

(c) Prize #3: Overnight Bronze & Glow + Bar of Gold Trio + KISSING Bitch Perfect + Lip Cheat Pink Venus

(d) Prize #4: Bar of Gold Trio + KISSING Bitch Perfect + Lip Cheat Pink Venus + Legendary Lashes V2 + Rock N Kohl Barbarella Brown

(e) Prize #5: Bar of Gold Trio + KISSING Bitch Perfect + Lip Cheat Pink Venus + Legendary Lashes V2 + Rock N Kohl Barbarella Brown +Wonderglow + Overnight Bronze & Glow + Eyes to Mesmerise Jean

(Prizes).

4.2. Prizes are subject to availability. There is no cash alternative for the Prize and the Promoter reserves the right to substitute the prize with a prize of equal or greater value.

4.3. The Promoter is not responsible for any additional costs and/or expenses in relation to the Prize (without limitation) including travel costs, other than any specifically listed as part of the Prize above and for the specified periods of time (where applicable).

4.4. The winning entrant shall not, while using the Prize, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).

5. How to Enter

5.1. The Competition will run from 3pm BST on July 2nd 2018 to 11pm BST on July 2nd 2018. Entries made before or after these dates and times shall not be eligible.

5.2. To enter the Competition simply follow “@ctilburymakeup” on Instagram (the “Platform”) and visit the Platform’s story to view the competition question. Swipe up to sign up to the competition and provide your answer. Alternatively, provide your answer directly via the following link http://www.charlottetilbury.com/uk/products/makeup/competition.html The instructions provided at the point of entry form part of these terms and conditions. In the event of a conflict, these terms and conditions take precedence.

5.3. All eligible entries received will be collated and the winner will be selected at random by the Promoter.

5.4. The Competition is free to enter, no purchase is necessary.

5.5. The Promoter will not accept responsibility for entries that are incomplete, lost, damaged or delayed in transit, regardless of cause, including, for example as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

5.6. By entering, all participants will be deemed to have read, accepted and be bound by these terms and conditions, any other requirements set out in the promotional material for the Competition (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

5.7. For help with entries, please contact +44 (0) 1202 629527 or @ctilburymakeup.

6. Eligibility

6.1. The Competition is open to residents of any country, aged 18 years or over at the date of entry, except:

(a) employees of the Promoter and its associated companies or group companies;

(b) anyone professionally associated with the Competition; or

(c) members of the immediate families or households of (a) and (b) above.

6.2. In entering the Competition, entrants confirm that they are eligible to do so and eligible to claim the Prize. The Promoter may require entrants to provide proof of such eligibility.

6.3. By entering the Competition, all participants warrant that all information submitted by them is true and accurate.

6.4. Only the first entry for each entrant will be considered, multiple entries will not be counted.

6.5. The Promoter reserves the right at its sole discretion to disqualify from further participation in the Competition any individual it has reason to believe is tampering with the operation of the Competition, or to be acting in any manner deemed by the Promoter to be in violation of these terms and conditions, relevant laws and/or regulations and/or third party rights.

6.6. If the Promoter subsequently discovers the winning entrant is ineligible, has breached these terms and conditions or is suspected of engaging in any other foul play or unethical conduct, then the Promoter reserves the right (at its absolute discretion) not to award the prize to that entrant and award the prize to another entrant who will be selected at random by the Promoter. In that event the original winning entrant agrees to return the prize (at his/her expense) immediately to the Promoter. No alternative prize will be awarded to the original winning entrant.

6.7. Entries cannot be returned.

7. Winner Announcement

7.1. The winners will be:

(a) selected at random and will be final and binding.

7.2. The winners will be announced via an Instagram story on July 2nd 2018.

7.3. The decision of the Promoter is final and no correspondence or discussion will be entered into.

7.4. The Promoter will contact the winners as soon as practicable after the Announcement Date, using the telephone number or email address provided with their entry. The Promoter will not amend any contact information once the entry form has been submitted.

7.5. The Promoter will send the name and county of the winner to anyone who writes within one month after the Closing Date of the Competition requesting details of the winner and who encloses a self-addressed envelope to the address set out in Condition 1 OR A list of winners can be viewed http://www.charlottetilbury.com/uk/products/makeup/competition.html.

8. Claiming the Prize

8.1. The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 14 days of the Announcement Date, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received before the Closing Date.

8.2. The Prize may not be claimed by a third party on the entrant’s behalf.

8.3. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

8.4. The Prize will be dispatched to the postal address supplied by the winning entrant within 28 days of the Announcement Date. A signature will be required upon delivery. The Promoter accepts no responsibility for the prize being lost or delayed in the post.

9. Limitation of Liability

9.1. The Promoter is not responsible for any damage or loss suffered by any entrant where such damage or loss was not at the time the entry into the prize draw was made a reasonably foreseeable consequence of a breach of these terms and conditions or if the Competition does not run as planned.

9.2. The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Competition, although the Promoter will always endeavour to minimise the effect to the participants of any such failure.

9.3. Nothing in these terms and conditions shall operate to exclude the Promoter’s liability:

(a) for death or personal injury as a result of its negligence;

(b) for fraud; or

(c) further than is permitted by law.

10. Ownership of Competition entries and intellectual property rights

10.1. All entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.

10.2. By submitting your entry and any accompanying material, you agree to:

(a) assign to the Promoter all your intellectual property rights with full title guarantee; and

(b) waive all moral rights,

in and to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled to under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

10.3. Prize winners agree for the Promoter to use, display, publish, transmit, copy, edit, alter, store or re-format entries and make entries available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the Competition.

10.4. By submitting their entry, entrants confirm that:

(a) images and other submissions are original works, are not defamatory and do not infringe third-party rights;

(b) there are no conflicting agreements in place that restrict usage of these images or other submissions;

(c) they have consent to use any third-party image in the entry and rights have been waived for that use. If a third party image is of a person under 18, parental or guardian consent must be given;

(d) they will produce evidence of any required consents at the Promoter’s request, or risk being disqualified from entering the Competition.

11. Data Protection and Publicity

11.1. By entering the Competition, entrants agree that the Promoter (and its group companies on its behalf), may process, store, distribute and/or use the information (including personal data) entrants provide in their entry and in the process of entering:

a. to enable it to administer entrants’ entry including deciding whether it accords with these terms and conditions;

b. to notify entrants if they are the winning entrant;

c. to share with organisations or agents assisting with the conduct of the Competition and fulfilment of the prize; and

d. to announce the winner of the Competition in any media or press and to respond to others’ enquiries as to who the winner is as per 7.5; or

e. for any other reasonable and related promotional purposes.

11.2. The Promotor will only disclose entrants’ personal data to [those of its group companies and third party service providers who need it for the purposes listed in paragraph 10.1 above. The Promotor will only retain entrants’ personal data for 12 months.

11.3. Prize winners further agree to participate in any reasonable publicity required by the Promoter without further consent or payment.

11.4. For further information about how the Promoter uses personal data and the rights available under data protection laws, please read the Promoter’s privacy policy at http://www.charlottetilbury.com/uk/help/security-privacy

12. General

12.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Competition where it becomes necessary to do so without prior notice.

12.2. The Promoter reserves the right to cancel or amend these terms and conditions at any time without prior notice.

12.3. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

Follow Us

EMAIL SIGN UP

We, Charlotte Tilbury Beauty, would love to send you emails about our new product launches, red carpet secrets and other information about our products and services. If you would like to receive these, please enter your email address here: