T&C - MY 2024 1-9 Aug #MYSuperBrandDayLorealCPD Hashtag Challenge

Terms & Conditions

If there are any enquiries regarding the Official Rules, please contact TikTok at e-commerce@tiktok.com

TikTok proudly presents the #MYSuperBrandDayLorealCPD Hashtag Challenge (the "Program"). This Program is offered subject to the terms and conditions set out below ("Terms"). By participating in this Program, you ("Participant") warrant that you meet the eligibility requirements as set out below, and accept these Terms.

These Terms form a binding legal agreement between TikTok Shop (Malaysia) Sdn Bhd or one of its affiliates (collectively such entities will be referred to as “TikTok”, “we” or “us”) and you, and set forth the terms and conditions for Participant’s participation in the Program available on the application owned or controlled by us, including, without limitation, TikTok mobile application (“TikTok Platform”), our related websites, services, applications, products and content owned or controlled by us.

These Terms are subject to, and shall also include, the Terms of Service, Privacy Policy, Community Guideline and other policies on the Platform as such terms may be amended from time to time in accordance with the terms therein.

Please read these terms carefully before participating in the Program. If you do not agree to these Terms, please do not participate in the Program. We reserve the right to change any term hereunder or cease the Program at any time without prior notification to the Participant.

The Program starts on 00:00:00 01 August 2024 and ends on 23:59:59 09 August 2024 ("Program Period").

1. Eligible Participants

• Participants who are eligible to join this Program shall meet the following requirements:
• Participants are citizens of Malaysia or permanent residents of Malaysia;Participants must be at least 18 years old;
• Participants must have an account on TikTok Platform;
• Participants must comply with these Terms; and
• Participants are not employees, officers and contractors of TikTok.

2. How to participate in the Program?

• Participants must upload their contents on their account on TikTok Platform and such contents must meet the following conditions (each, a "Video"):
• Participants must create and post a TikTok video showcasing your favourite beauty products from L'Oréal Paris, Garnier or Maybelline.
• Participants must include the beauty theme music "Viral Beauty" in the video https://www.tiktok.com/music/Viral-Beauty-7392055655940900880?_r=1.
• Participants must include the hashtags #MYSuperBrandDayLorealCPD , #TikTokShopSuperBrandDayMY and #viralbeauty.
• Video must be submitted during Program Period.
• Video shall comply with TikTok's Community Guidelines and we reserve the right to remove any Video or to take any other action against any Video that does not meet our Community Guidelines.
• Privacy settings of the Video must be set to “public” so Video is publicly accessible.
• Video is original and has not been previously published.
• Participant acknowledges and agrees that the Video(s) will be publicly available, available for public comments, and that comments or ratings that the Participant disagrees with or is unhappy about may be published or otherwise become associated with Video(s).
• Participant represents and warrants that (i) he/she possesses the exclusive rights to use and communicate his/her Videos and (ii) his/her Videos do not infringe the intellectual property, privacy, publicity or other rights or interest of any third party or result in any other liability.

3. Selection of Winner(s)

TikTok will, at its sole discretion, select 5 winners ("Winners") according to the following criteria: The quality of the video, creativity of the video contents and the video's level of engagement (number of likes, video views, etc.). Each Winner shall win a gift set from L'Oréal Consumer Products Division worth RM888, which consists of:

• Garnier Micellar Vitamin C
• Garnier Bright Complete Day Serum
• Garnier Bright Complete Night Serum
• Garnier Super UV Sunscreen
• Garnier Bright Complete Ampoule
• Garnier Bright Complete Anti Acne Serum
• Loreal Paris Lash Paradise Mascara
• Loreal Paris Le Matte Resistance Pink 420
• Loreal Paris Le Matte Resistance Pink 210
• Loreal Paris Le Matte Resistance Nude 115
• Loreal Paris Elseve Hyaluronic Shampoo 280ml
• Loreal Paris Elseve Hyaluronic Conditioner 280ml
• Loreal Paris Elseve Hyaluronic Night Cream 150ml
• Loreal Paris Revitalift HA Serum 30ml
• Maybelline Super Stay Matte Ink Seductress
• Maybelline Super Stay Vinyl Ink Peachy
• Maybelline Blushed Nudes Palette
• Maybelline Super Ink Crayon Shade 35
• Maybelline Fit Me Primer
• Maybelline Fit Me Setting Spray

4. Notification and claiming Prizes

• Winners will be announced on 16 Aug 2024 via TikTok Shop Official account @tiktokshop_my.
• Winners will be contacted via TikTok Inbox Message, with information and instructions on redeeming their Prizes.
• Winners have 7 days from the time and date of the notification being sent to (i) respond to the message from TikTok (ii) provide proof of eligibility (which may include the presenting of identification documents, such as driving licence or passport, for verification purposes via a video call) and (iii) provide a valid mailing address. In the event any Prize is unclaimed or there is no winner determined, such Prizes will be dealt with at TikTok’s sole discretion. TikTok reserves the right, in its sole and absolute discretion and without prior notice, to substitute the Prizes with the other form if it deems fit.
• TikTok will cover the cost of delivery for one attempted delivery of the Prize.
• TikTok reserves the right to refuse to send a prize if the Winner does not comply with these Terms and Conditions.
• Prizes are not transferable. Prizes are not redeemable, exchangeable, replaceable or refundable for cash or credit. Prizes are provided on an “as-is” basis. TikTok does not undertake any responsibility or obligation to ensure that any Prizes will be delivered to any Winners. TikTok disclaims all warranties and representations of any kind, express or implied, including without limitation any warranty or representation of usability, satisfactory quality, merchantability or fitness for a particular purpose of the Prizes, that any claims made by the manufacturers, distributors and/or service providers of the Prizes are accurate, that the Prizes will meet the Winners' requirements, or that any Prizes shall be delivered or transferred to the Winners.
• Prizes may be subject to additional terms and conditions, and the Winners agree to comply with all terms and conditions applicable to the Prizes.

5. General

• The time and date of submission for each Video is calculated using the time/date stamp applied to the Video on the TikTok Platform. Any complaints on missing or delayed submissions will not be considered.
• Participants are responsible for any and all expenses incurred in entering or participating in the Program. Participants will not be reimbursed for any expenses incurred in participating in the Program.
• If there is any interference with the Program in any way, or if it is not possible to conduct the program as TikTok reasonably anticipated, TikTok reserves the right, at its sole discretion, to disqualify any Participant or Video, or to modify, suspend, terminate or cancel the Program, as appropriate.
• TikTok does not encourage the performance of any acts that cause or are likely to cause injuries, or any reckless, dangerous or violent acts. TikTok also reserves the right to moderate any Video, and to disqualify any Participant or Video in breach of these Terms.
• To the maximum extent permitted by applicable laws, TikTok (including its respective officers, employees and agents) shall not be responsible for and exclude all liability (including those (except for death or personal injury) resulting from negligence), for any death, personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of (i) the Program; (ii) any technical difficulties or equipment malfunction (whether or not under TikTok's control); (iii) any theft, unauthorised access or third party interference; (iv) any variation in Prize value to that stated in these Terms; (v) any tax liability incurred by or accrued to a Winner or Participant; or (vii) use of a Prize.
• To the maximum extent permitted by applicable laws, each Participant agrees to indemnify and hold TikTok harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from the alleged or actual infringement of any third party copyright, patent, trademark or other intellectual property rights, or other rights, any breach of these Terms and/or arising out of or in connection with the Program.
• Each Participant consents and agrees that TikTok can publish, promote, copy, reproduce, transmit, display, edit, adapt, modify, create derivative works of and/or otherwise distribute or use the Participants' particulars (including any publicly available TikTok or Facebook or Instagram profile photo and details) and/or the Videos (or any part thereof): (i) in connection with, or for the promotion of, this Program; (ii) in any manner, format or media, in any part of the world, including without limitation on online platforms such as TikTok, Facebook, YouTube, Twitter and Instagram; (iii) at TikTok‘s sole direction, including for any promotional or marketing purposes of TikTok and other commercial purposes; and (iv) royalty-free and without any obligation of attribution or consent. Each Participant irrevocably grants to TikTok all consents and waivers necessary in connection with the above, without further compensation to the Participant.
• In the event of any dispute arising from the Program, or relating to the interpretation of these Terms and Conditions, TikTok's decision shall be final and binding on all parties.
• This Program does not involve any form of luck or auctions and is based on objective award criteria. Other than as expressly set out in these Terms, TikTok does not make any promises or commitments about the Program or Platform, such as the specific function of the Program, or its reliability, availability, or ability to meet your needs. The Platform is provided “as is”. To the extent permitted by law, TikTok excludes all warranties, express, statutory or implied. TikTok expressly disclaims the warranties of noninfringement.
• Participant shall not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, any of its rights or obligations under these Terms without TikTok’s prior written consent. TikTok may assign these Terms or any of its rights or obligations under these Terms without prior consent of Participant.
• If any of the terms herein are found to be illegal, invalid or otherwise unenforceable then they shall be deleted from these Terms and the remaining terms shall survive and remain in full force and effect.
• Any taxes applicable to the Prizes shall be borne by the Winners.
• These Terms shall be interpreted and construed according to laws of Malaysia and any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre ("AIAC"). Such arbitration shall be conducted in accordance with the rules of the AIAC for the time being in forces ("Rules"), which Rules are deemed to be incorporated by reference into these Terms.

6. Privacy

• By participating in the Program, each Participant agrees to receive electronic communications from TikTok (such as via email or direct message).
• TikTok may collect Winner's personal information in order to process the Prizes disbursement in accordance with TikTok's Privacy Policy.
• If Winners are not willing to provide their personal information, then TikTok will not be able to disburse the Prize. By choosing to not provide the personal data, Winners acknowledges that it will not receive any Prize from this Program and will release and discharge TikTok from any obligations in relation to it, and undertake to not submit any claim to TikTok with respect to any matter related to this Program.

7. Promotional activities

• Each Participant agrees (i) to take part in any and all marketing, promotional, publicity requests from TikTok with respect to the Program, (ii) that TikTok may use the Participant's name, voice, photograph, likeness or other personal identifiable information in any media for the promotion and publicity of this Program, (iii) and grants TikTok all consents and waivers necessary for TikTok to run and promote the Program, including in respect of any promotional photographs and/or audio/ video recordings of the Participant.
• Participants shall not, without the prior written approval of TikTok, speak to the press or any other media, or give any interviews or comments relating to the Program.