COMPETITION TERMS AND CONDITIONS
GAME OF SKILL
These Terms and Conditions and any other provisions referred to herein (the “Conditions of Entry”) govern your entry into the Cetaphil and Mamamia NYFW Competition 2023 (the “Promotion”) as organised by Galderma Australia (ABN 12 003 976 930) of Level 18, 1 Denison Street, North Sydney, NSW 2060 (“the Promoter”).
Promotion
Cetaphil and Mamamia NYFW Competition 2023
Promoter
Galderma Australia (ABN 12 003 976 930) of Level 18, 1 Denison Street, North Sydney, NSW 2060
Promotion Period
Entry into the promotion commences at: 3pm AEST Wednesday 20th December 2023
Entry into the Promotion closes at: 11.59pm AEST Saturday 13th January 2024
Eligible States and Territories
NSW, QLD, VIC, TAS, ACT, TAS, SA, WA and NT
Age Restrictions
Entrants and any companions (if applicable) must be: 18 years of age and over.
Maximum number of entries
Entrants may submit as many entries as they wish however each entry must be submitted via a separate entry and must independently comply with these Conditions of Entry.
Entry Method
To enter, you need to do the following:
Create and post a ‘Get Ready With Me’ video (60 seconds or less) on TikTok or Instagram using a Cetaphil product showing how you would get ready for 48 hours of fashion with Cetaphil.
Include the hashtag #CetaphilxMamamiainNY when posting
Tag @cetaphilaustralia
Follow @cetaphilaustralia on TikTok and Instagram
Follow @mamamiaaus and @nothingtowearpod on Instagram
You must have a non-private Instagram or TikTok account to enter. Any other entry method will be deemed as invalid.
Entry Restrictions
Only applicable to Australian residents and those over 18 years of age.
Judging
All valid entries will be reviewed and the most creative response will be selected as the winner by the Promoter (in the Promoter’s sole and absolute discretion) by 5pm AEST Tuesday 16th January 2024 at the Promoters premises.
Judging Criteria
All valid entries will be judged by the Promoter on originality, creativity and suitability or as otherwise specified by the Promoter.
Prize
The winner will become the Face of Cetaphil and win the chance to vlog as Cetaphil’s Content Correspondent in New York during Fashion Week 2024 (9 February 2024 to 14 February 2024). The prize will include business class return flights and a unique Cetaphil experience in New York City.
Total prize pool is valued at $40,000
Prize Restrictions
Valid for those aged over the age of 18 only and are able to travel to be in New York for the period 8 February 2024 to 11 February 2024.
Total Prize Value
Winner to receive the below to the value of $40,000:
Business class return flights to New York from the Australian international airport located closest to the winner’s home
One ticket to the Alice + Olivia show at New York Fashion Week due to occur on 10 February 2024
Hotel accommodation for up to 4 nights (depending on flight arrival times)
Transfers between the airport and hotel and to all scheduled event activities
A VIP Welcome Dinner and Cetaphil brand happy hour event
USD1,000 spending allowance provided as a gift card
Spa treatment of one massage or facial
The chance to collaborate with the 9 other Faces of Cetaphil from across the world
The opportunity to collaborate with NY Fashion Week models
The opportunity to collaborate with and talk to leading TikTok dermatologists and Cetaphil science team
A Cetaphil beauty pack consisting of Cetaphil products
A GLX2 All Aluminium 20” Carry On Suitcase
The Winner must be in New York by 1pm Thursday 8 February 2024.
Total prize pool is valued at $40,000
Notification of Winners
Winner will be notified by email and/or phone by 5pm AEST Wednesday 17th January 2024.
Prize Availability
Winner must be available to travel to New York for New York Fashion Week in the week of 8 February 2024.
1.Definitions
Entrant means any eligible person, according to section 2 of these Conditions of Entry, who enters the promotion in accordance with section 2 of these Conditions of Entry.
Entry means
To enter, you need to do the following:
Create and post a ‘Get Ready With Me’ video (60 seconds or less) on TikTok or Instagram using a Cetaphil product.
Include the hashtag #CetaphilxMamamiainNY when posting
Tag @cetaphilaustralia
Follow @cetaphilaustralia on TikTok and Instagram
Follow @mamamiaaus and @nothingtowearpod on Instagram
and any other requested information that the Entrant provides in accordance with section 2 of these Conditions of Entry.
Immediate Family means a spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of a director, manager, employee, officer or contractor of the Promoter, whether or not they live in the same household.
Judging Date means Tuesday 16th January 5pm AEST
Notification means Wednesday 17th January 5pm AEST
Prize Provider means GALDERMA AUSTRALIA PTY LTD ABN: 12 003 976 930
Prize means:
TOTAL PRIZE POOL = $40,000
Winner to receive the below to the value of $40,000:
Business class return flights to New York from the Australian international airport located closest to the winner’s home
One ticket to the Alice + Olivia show at New York Fashion Week due to occur on 10 February 2024
Hotel accommodation for up to 4 nights (depending on flight arrival times)
Transfers between the airport and hotel and to all scheduled event activities
A VIP Welcome Dinner and Cetaphil brand happy hour event
USD1,000 spending allowance provided as a gift card
Spa treatment of one massage or facial
The chance to collaborate with the 9 other Faces of Cetaphil from across the world
The opportunity to collaborate with NY Fashion Week models
The opportunity to collaborate with and talk to leading TikTok dermatologists and Cetaphil science team
A Cetaphil beauty pack consisting of Cetaphil products
A GLX2 All Aluminium 20” Carry On Suitcase
The Promoter will also capture video footage (“Footage”) of the Winner experiencing the rigours that include a glimpse into how Cetaphil helps keep sensitive skin healthier throughout NY Fashion Week,
Prize Claim Date: Prize to be claimed and fulfilled by 8 February 2024. The Winner must be in New York by 1pm Sunday 11 February 2024.
Prize Winner means an Entrant that is selected to receive a Prize pursuant to section 4.
Promotional Period means 3pm AEST Wednesday 20th December 2023 to 11.59pm AEST Saturday 13th January 2024.
Conditions of Entry means These Terms and Conditions and any other provisions referred to herein.
Websites means www.mamamia.com.au
2. Conditions of Entry
Participation in this Promotion constitutes acceptance of these Conditions of Entry.
This Promotion is a game of skill and chance plays no part in determining the Prize Winner.
Entrants must be 18 years of age or older.
Entries are open to residents of Australia only.
Entrants sign up to this Promotion by submitting a valid Entry.
Entrants warrant that they will comply with all other applicable requirements during the Promotion Period.
Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers directly associated with this Promotion and the Immediate Family members of these persons are ineligible to enter this Promotion.
The Promoter may amend the Promotional Period in accordance with state legislative rules.
Entrants may submit unlimited Entries. All Entries must be unique to be considered for the Prize.
Entrants must have a non-private Instagram or TikTok account to enter the Promotion.
Entries must feature at least one Cetaphil product.
All titles, captions/text/ statements/audio in the Entry must be in English.
If the Entry is longer than 60 seconds, only the first 60 seconds of the video will be judged.
Automated and/or computer generated Entries or Entries that are incomprehensible or incomplete will be deemed invalid and will not be included in the judging process.
Entries will be deemed to have been received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.
Ineligible or late Entries will be deemed to be invalid. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible / inaudible entries (including lost, stolen, forged, defaced or damaged Entries).
It is the responsibility of the Entrant to notify the Promoter of any changes to their address or contact details during the Promotional Period.
Once submitted, no changes to or withdrawal of an Entry will be permitted.
By submitting an Entry, the Entrant warrants that all Entry content will be their original work and/or that the Entrant has all relevant permissions from the copyright owner to include their copyright in the Entry and that permission entitles the Promoter to use the Entry in accordance with these Conditions of Entry.
The Entrant acknowledges and agrees that by submitting an Entry, each Entrant assigns all rights, including but not limited to copyright, in the Entry to the Promoter and consents to the Promoter using the Entry at its discretion in any manner, including by editing, modifying, removing, adapting or publishing the Entry in whole or in part, by way of all media, without payment to the Entrant of royalties, compensation or otherwise.
The Entrant acknowledges and agrees that by submitting an Entry, each Entrant consents to any dealings with the Entry that may otherwise infringe their moral rights in the Entry.
The Entrant acknowledges and agrees that the Promoter will not return the Entry.
An Entry must not include:
profanity of any kind;
any content that depicts another person (or personal information of another person) without that person’s express consent, and if that person is a minor, the consent of that minor’s parent or guardian;
any content that contravenes any law, infringes the rights of any person or is potentially offensive, obscene, defamatory, discriminatory, indecent or otherwise objectionable;
content that includes phrases, trademarked material or other third-party materials;
content that promotes any illegal activity; promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
content that depicts the use of Cetaphil products in a manner that is inconsistent with product labelling;
material or content for which you were compensated or granted any consideration by any other third party;
content created by a third party, such as music, images or artwork; and
content or materials in which you impersonate another person or entity.
3. General Conditions
All decisions and actions of the Promoter in relation to the Promotion, including those under section 4 below, are at the absolute discretion of the Promoter and are final and the Promoter is not obliged to negotiate or discuss any decisions or actions taken with Entrants or any other person.
Subject to state regulations and/or approval from any relevant authority if required, the Promoter may vary the terms of, or amend, suspend or terminate this Promotion at any time, at its absolute discretion, without notice to the Entrants and without liability to any Entrant, Prize Winner or other person and will not be obliged to award the Prizes.
The Promoter and/or its representatives may conduct security and/or verification checks in their absolute discretion to determine the bona fides of an Entrant’s eligibility to enter the Promotion.
Where an Entry is deemed invalid prior to the Prize Claim Date, the Promoter may determine a new Prize Winner.
The Promoter reserves the right to request the Prize Winner to provide proof of identity, proof of residency and/or proof of Entry validity in order to claim the Prize, and in the event that the Prize Winner cannot provide suitable proof (determined at the discretion of the Promoter) they will forfeit the Prize in whole.
By agreeing to enter the Promotion, Entrants consent to their name and Entry being broadcast online or communicated to the public in any medium, for purposes related to the Promotion, by the Promoter.
By agreeing to enter the Promotion, Entrants agree to being in New York by 1pm Thursday 8 February 2024 until Sunday 11 February 2024. The Entrant agrees to attend all events scheduled by the Promoter as part of the Promotion.
The Promoter may, in its sole discretion, declare any or all Entries invalid, and/or prohibit further participation by an Entrant in this Promotion or any other competition or promotion held by the Promoter if the Entrant:
i. Disrupts, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another Entrant or potential Entrant or anyone else associated with the Promotion;
ii. Engages in conduct that is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation;
iii. Fails to comply with any reasonable requests or guidelines in relation to the Promotion; and/or
iv. Fails to comply with these Conditions of Entry.
4. Judging Process
The Promoter will judge the entries on the Judging Date at the Promoter’s usual place of business.
The Promoter will judge Entries based on the creativity, literary merit, originality and suitability displayed in the Entry in the context of the Promotion (the “Judging Criteria”)
5. Notification of Winners
Winner will be notified, by 5pm AEST Wednesday 17th January 2024, by direct message by the Promoter on the social media platform from with their Entry was submitted and will be asked to privately provide their contact information to the Promoter, including email address and phone number. The Winner’s full name and/or initials will be announced on https://www.instagram.com/cetaphilaustralia.
If Winner does not respond to the direct message from the Promoter within 48 hours, the Winner will forfeit the Prize in whole and the next best winner will be chosen for the unclaimed Prize.
6. Prize
The total Prize Pool is valued at $40,000 (1 prize @ $40,000) (including GST). The Promoter accepts no responsibility for change in prize value between now the ultimate prize redemption date.
If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a Prize of equal or greater value.
In the event that for any reason whatsoever a Winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu of that element of the Prize.
Prize is non-transferrable. No cash alternative is available for the Prize.
The Winner agrees to be in New York by 1pm Thursday 8 February 2024 until Sunday 11 February 2024 and attend all events scheduled by the Promoter as part of the Promotion. If the Winner is unable to attend during these days, the Prize will be forfeited and the next best winner will be chosen for the unclaimed Prize.
7. Disclaimer, Release and Restrictions
These Conditions of Entry do not exclude, restrict or modify any rights of an Entrant under Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter, including but not limited to a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods will be of acceptable quality.
Notwithstanding section 7a. to the extent it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality and suitability of the prize awarded under these Conditions of Entry and will not be responsible for breach of any such implied terms.
Without limiting this disclaimer, the Entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking the Prize and takes full responsibility for any such risk/s.
Entrants take full responsibility for any content provided in or with their Entry and for ensuring that their Entry complies with the Conditions of Entry.
Entrants take full responsibility for any acquiring and paying for any visas for entry into the United States and any costs and expenses associated with the Prize not specifically referred to in these Conditions of Entry.
In the event the Winner engages in behaviour that (as determined by the Promoter in the Promoter’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Promoter reserves the right to terminate the trip early, in whole or in part, or eject them from events/activities and send the Winner home with no further compensation to the Winner.
If NYFW events, opportunity for meet-and-greet and/or consultation do not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of the Promoter, the Promoter’s sole responsibility will be to award the remaining portion of the Prize to the Winner and no additional substitution or compensation will be provided.
Prizes consist of only the items specifically listed as part of the Prize and no additional transportation (including between the Winner’s home and the closest Australian international airport) or accommodations will be provided.
All expenses not specified herein are the responsibility of the Winner.
Any Promoter approved changes to confirmed travel itinerary, made at the Winner's request, may result in rebooking fees which will be the sole responsibility of the Winner.
Winner grants to the Promoter and any successors, licensees and agents and those the Promoter may designate from time to time (“Licensed Entities”) an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use the Winner’s name, nickname, username, likeness, biographical information, Entry, Footage, photos/videos and interviews (if applicable) (collectively “Personal Content”), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from the Winner (except where prohibited by law).
Without limitation of the foregoing, submission of an Entry constitutes the Entrant’s agreement that the Licensed Entities are permitted (but are not obligated) to incorporate the Entry and Footage (as applicable) in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry and Footage in all media whether now known or later developed. In addition, you hereby assign to the Promoter all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Footage.
The Entrant waives any right to inspect or approve uses of the Entry and Footage (as applicable), or to be compensated for any such uses. The Entrant agrees that it shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of the Entry, Footage or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.
8. Liability Exclusion
The Entrant acknowledges and agrees that the Promoter and its agencies and representatives associated with the Promotion will not be liable:
For any error, technical malfunction, problem, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or other prevention of Entrants from successfully submitting an Entry, any injury or damage to an Entrant’s (or any other person’s) computer related to or resulting from participation in or the Promotion.
If for any reason beyond their reasonable control the Prize or any portion of the Prize is not provided.
For any tax implications that may arise from winning a Prize or from a variation in the Prize value.
For any injury, loss or damage, of any nature whatsoever, whether direct, indirect, special or consequential, which is suffered or sustained as a result of or in connection with entering the Promotion, receiving the Prize or using the Magnet, except for any liability which cannot be excluded by law, in which case liability is limited to the minimum amount allowable by law.
Entrants release TikTok and Facebook and their associated companies (including Instagram) from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or TikTok; (b) any information provided by the Entrant in connection with the Promotion is provided to the Promoter and not to Facebook or TikTok and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook or TikTok.
9. Your Information
The Promoter requires the Entrant’s personal information in order to conduct the Promotion.
By entering the Promotion, you agree to the Promoter collecting, storing and using your personal information:
for the purpose of conducting the Promotion, including providing your personal information to the Promoter’s related bodies corporate, contractors, agencies and third parties directly associated with this Promotion and to relevant authorities in the Relevant States;
in advertisements, publications, media statements and other promotional material directly associated with the Promotion; and
in exclusive offers, competitions & entertainment news from Galderma.
You can obtain a copy of the Promoter’s privacy policy at the following link: https://www.galderma.com/au/your-data
9. Miscellaneous
Any capitalised terms have the meaning provided for in these Conditions of Entry, unless stated otherwise.
Entrants may not use or disclose any information that is confidential (on the notification of the Promoter or that would reasonably be deemed to be information not generally available to the public), including but not limited to information about the management of the Promotion.
You may direct any questions, concerns or complaints regarding these Conditions of Entry by writing to the Promoter at: Galderma Australia (ABN 12 003 976 930) of Level 18, 1 Denison Street, North Sydney, NSW 2060