TERMS & CONDITIONS

Website Terms & Conditions of Use

Use of the website

Arrow

Welcome to our UK site forhttps://www.charlottetilbury.com/nl (the “Website”). References to “we”, “us” and/or “our” throughout the Website”) is to Charlotte Tilbury Beauty Netherlands B.V. (“CTBN”).

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 Policy\" 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 Policy\" 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.

TERMS & CONDITIONS OF SALE

Overview

Arrow

These Terms and Conditions of Sale (\"Terms of Sale\") apply whenever you order any product (\"Product\") through our UK website http://www.charlottetilbury.com/nl (the \"Website\") or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms and conditions (\"Terms of Use\") and our privacy and cookies policy privacy (“Privacy Policy and Cookies Policy”).

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

If you are purchasing or have purchased Charlotte Tilbury Product(s) from a third-party retailer or reseller, these Terms of Sale will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.

Promotions & Competitions

Charlotte Tilbury Terms and Conditions for ‘Charlotte’s Next Beauty Star’ Promotion

Arrow

1. The Promoter

Islestarr Holdings Limited, a company registered in England and Wales with company number 07712458, whose office is at 8 Surrey Street, London, WC2R 2ND, (the “Promoter” or “We”). Contact email: customercare@charlottetilbury.com.

2. The Promotion & Prize

2.1. Upload a still or video showcasing your best ‘Supermodel Brow Look’ to Instagram using the #SUPERMODELBROWS and tagging @ctilburymakeup. Entrants will be shortlisted based on the Judging Criteria set out below, from which the Judging Panel will select a final winner. The winner will then work with Charlotte & her Product Development team to co-create a new limited edition lipstick shade and shade name which will launch exclusively on CharlotteTilbury.com. The winner will work with the Product Development team via email & Zoom to co-create the lipstick shade and name, working together before having a final approval Zoom session with Charlotte herself. (“Prize”).

2.2. There is one Prize to be won.

2.3. 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.

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

3. How To Enter

3.1. The Promotion will run Wednesday 10th March 2021 00:00 GMT to Friday 16th April 2021 11:59pm (“Closing Date”). Entries made before or after these dates and times shall not be eligible.

3.2 To enter the Promotion, upload a photo or video of your ‘Supermodel Brow Look’ on Instagram (Instagram Feed or Instagram Reels) using #SUPERMODELBROWS. Entrants on Instagram must tag @ctilburymakeup. All eligible entries received will be shortlisted based on the Judging Criteria set out below and the winner will be selected by a panel consisting of Charlotte Tilbury and an independ-ent external Judge from the creative industry (“Judging Panel”) based on the same criteria. Entrants will be judged based on: the creativity of their post as well as the overall artistry and result of the Supermodel Brow (“Judging Criteria”).

3.2. The proposed lipstick name will be subject to trademark clearance searches and legal approval. The Promoter reserves the right to only select a chosen lipstick name is available from an Intellectual Property and Trademark per-spective globally. The Promoter reserves the right not to use the winning en-trants lipstick shade or name, to create the new lipstick.

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

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

3.5. 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 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.

4. Eligibility

4.1. You must be aged 18 or over to enter the Promotion.

4.2. The Promotion is open to residents of United Kingdom, Canada, Australia, USA, Argentina, Chile, China, New Zealand, Singapore, South Korea and Europe (together the “Participating Countries”). For this Promotion, “Europe” includes the following countries: Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Montenegro, Netherlands, Norway, Poland, mainland Portugal (this excludes Azores and Madeira), Republic Of Ireland, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The Balearic Islands (Mallorca, Menorca, Ibiza and Formentera).

4.3. Due to restrictions in some countries, this Promotion is only open to entrants located in one of the Participating Countries. Proof of residence may be required in order to redeem the Prize. Any entries from a country outside the Participating Countries will be void.

4.4. The following groups are excluded from participating:

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

(b) anyone professionally associated with the Promotion, including employees of Charlotte Tilbury stockists and retailers in the Participating Countries; or

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

4.5. Multple entries can be submitted but only one winner will be chosen, except as set out in paragraph 2.2 above.

4.6. In entering the Promotion, entrants confirm that they are eligible to do so and eligible to claim the Prize. By entering the Promotion, all participants warrant that all information submitted by them is true and accurate.

4.7. 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.

4.8. 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 as selected 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.

5. Winner announcement

5.2. The winner will be announced by no later than 31st May 2021 and contacted via direct message on Instagram (“Announcement Date”).

5.4. The Promoter will send the name and country of the winner to anyone who writes within one month after the Closing Date of the Promotion requesting details of the winner and who encloses a self-addressed envelope to the address set out in Condition 1.

6. Claiming the Prize

6.1. 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 7 days of the Announcement Date, the Promoter reserves the right to offer the Prize to the next best entrant selected from eligible entries that were received before the end of the Promotion Period.

6.2 The Promoter will work with the winner to co-create the lipstick shade & name. The winner will then receive the final lipstick when it launches in 2022 or 2023 (exact timing TBC). The Promoter accepts no responsibility for the prize being lost or delayed in the post.

6.3. The Prize may not be claimed by a third party on the entrant’s behalf. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

7. Limitation of Liability

7.1. 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 Promotion made a reasonably foreseeable consequence of a breach of these terms and conditions or if the Promotion does not run as planned.

7.2. 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 participants of any such failure.

7.3. 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.

8. Data Protection and Publicity

8.1. 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 winning entrant;

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

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

e. for any other reasonable and related promotional purposes.

8.2. For the purposes of the Promotion, 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 8.1 above.

8.3. 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

8.4. The winner agrees to participate in all reasonable promotional activity (such as publicity and photography) surrounding the winning of the Prize and redemption of the Prizes, free of charge, and they consent to the Promoter using their name and image in promotional material including on social media.

9. Ownership of Promotion entries and intellectual property right

9.2. The winner acknowledges and agrees that all right, title and interest in and to the proposed lipstick names will vest in the Promoter and the Promoter is free to use the proposed lipstick names and to exercise its rights in relation to the name for the new lipstick. The winner agrees to assign to the Promoter their intellectual property rights and waive all moral rights in and to the proposed lipstick names and otherwise arising in connection with such proposed lipstick names to which the winner 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

9.3. By posting your entry on Instagram, you agree to licence to the Promoter your intellectual property rights and waive all moral rights in and to 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.

9.4. You acknowledge and agree that if you are chosen as the winner, you will not be entitled to any other monetary prize, fee or compensation, other than the Prize.

9.5. The Prize winner agrees 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.

9.6. By submitting their entry, entrants confirm that images and other submissions are original and independent works, are not defamatory and as far as they are aware, do not infringe third-party rights.

9.7. 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).

10. General

10.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice. The Promoter reserves the right to cancel or amend these terms and conditions at any time without prior notice.

10.2. By entering the Promotion, the entrant indemnifies the Promoter and the host social networking site of the Promotion against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein. The entrant hereby waives and releases the Promoter and host social networking site and each of its parent, affiliated, subsidiary and/or related entities and parties from any claim, action or demand arising out of or in connection with the use of the entry.

10.3. Where the Promotion is hosted by a social networking site, the Promotion is in no way sponsored, endorsed, administered by or associated with that social networking site.

10.4. The Promoter shall be entitled to assign the benefit of these terms either in 10hole or in part to any of its subsidiary or associated bodies or successors in title and/or any third party.

10.5. 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.