The Face of Cetaphil Giveaway Contest (the “Contest”) is sponsored by Galderma Canada Inc. (the “Sponsor”). These Contest Rules apply to the Contest, all related Contest materials and to every person who enters the Contest (each an “Entrant”). By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with these "Official Rules" and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
One (1) winning Entrant will be selected (the “Winner”) to receive the Prize (described below). No purchase is necessary to enter the Contest. Void where prohibited.
This Contest uses Instagram and TikTok as a means of entry and is not in any manner sponsored, endorsed, or administered by Instagram or TikTok. By participating in the Contest, each Entrant releases and agrees to indemnify Instagram and TikTok and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest related or Prize related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or Prize related activity, whether hosted by Sponsor or a third party.
Any Instagram and TikTok logos and trademarks displayed in connection with the Contest are property of their respective owners.
The Contest opens at 9:00:00 a.m. Eastern Standard Time (“EST”) on December 11, 2023 and closes on January 11 11:59:59 p.m. EST (the “Contest Period”). The computer clock of the Sponsor is the official time-keeping device in the Contest.
The Contest is open to legal residents of Canada who are 21 years and older in their province or territory of residence as of December 20, 2023, are eligible for travel in the U.S., and possess a valid Canadian passport. Employees of Galderma Canada Inc., its parent and affiliated companies, its suppliers, and its advertising and promotional agencies are not eligible to participate in the Contest.
Sponsor reserves the right to conduct a background check on any Entrant and reserves the right in its sole discretion to disqualify any Entrant based on the results of such background check, if Sponsor determines in its sole discretion that awarding the Prize to an Entrant might reflect negatively on Sponsor.
If a Winner is subsequently found to not have met all eligibility criteria or is otherwise disqualified according to these Official Rules, he/she automatically forfeits the Prize.
NO PURCHASE IS NECESSARY TO ENTER THE CONTEST.
There is one (1) method of entry for this Contest.
To enter the Contest, an Entrant must, during the Contest Period:
(1) Tag and follow @Cetaphilcanada and use hashtags ‘#WeDoSkinYouDoFashionWeek’ and ‘#FaceofCetaphil’.
(2) Create and post an original Face of Cetaphil video, up to 1 minute long, on Instagram In-feed or TikTok showing how they would get ready for 48 hours of fashion with their favourite Cetaphil products, starting with a beauty routine and ending with a show-stopping ensemble. The Face of Cetaphil video must feature a Cetaphil product.
(each video post an “Entry”)
An Entry must be submitted from a valid Instagram or TikTok account (an “Account”). Instagram membership is free, but is subject to acceptance of the Instagram Terms of Use, which can be found at https://help.instagram.com/477434105621119. Tik Tok membership is also free, but is subject to acceptance of the TikTok Terms of Service, which can be found at https://www.tiktok.com/legal/page/row/terms-of-service/en.
Limit of one (1) Entry per Account during the Contest Period. If it is discovered by the Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Sponsor) that any Entrant has used (or attempted to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt the Contest, that Entrant and any other Entrants nominated by that person may be disqualified from the Contest, and any future contests of the Sponsor, in the sole discretion of the Sponsor.
All Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, garbled or mechanically or electronically reproduced.
The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry; and/or (iii) for any other reason the Sponsor deems necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the Entrant in the sole discretion of the Sponsor.
The Winner may also be requested to provide the Sponsor with reasonable proof that he/she is the Authorized Account Holder of the Instagram or TikTok account associated with the winning Entry. In the event of a dispute regarding the identity of the Winner, the Winner will be deemed to be the Authorized Account Holder in whose name the Account is registered, provided that person meets all eligibility criteria of this Contest. "Authorized Account Holder" shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address (a valid email address is required to register for a Instagram Account).
All Entries must comply with the following content restrictions:
- They must not contain material that violates or infringes any third-party rights, including without limitation privacy, publicity rights, intellectual property rights, or materials that constitute copyright infringement
- They must not contain brand names or trademarks other than those owned by Sponsor.
- They must not disparage Cetaphil or its products or mention or disparage any competitive products or any other person or party.
- They must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous, or libelous.
- They must not make references to or include alcohol, illegal drugs, tobacco, firearms/weapons, any activities that are or appear to be dangerous, or any advance a political agenda.
- They must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age and
- They must not contain unlawful material, in violation of any governmental, legal, or regulatory requirements nor shall it be contrary to the laws or regulations in any province where the submission is created.
One (1) prize will be awarded to the Winner consisting of:
• A trip to New York City on February 8 - 11 to be the official Cetaphil correspondent during NYC fashion week. The trip will include:
• Round trip air fair for the Winner plus one (1) guest*
• Hotel accommodations for the Winner plus one (1) guest*
• A spa treatment for the Winner
• Attendance by the Winner at NYC fashion week shows, exclusive parties and an opportunity for the Winner to shadow a top model behind the scenes
(the “Prize”)
* Guest must be 21 years or older in their province or territory of residence as of December 20, 2023, eligible for travel in the U.S., and possess a valid Canadian passport.
The total retail value of the Prize is estimated to be $11,294.12.
The odds of winning depend on the number and quality of Entries.
ANY COSTS AND EXPENSES ASSOCIATED WITH ACCEPTANCE OF THE PRIZE NOT SPECIFIED HEREIN, INCLUDING COSTS AND EXPENSES FOR WINNER’S GUEST, ARE THE WINNERS' SOLE RESPONSIBILITY.
All transportation, accommodations, spa treatments and shows/parties shall be selected and booked by Sponsor or its agent at Sponsor’s sole discretion.
THE PRIZE IS AWARDED "AS IS". ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE SPONSOR. ALL PRIZE DETAILS ARE AT SPONSOR'S SOLE DISCRETION.
SPONSOR RESERVES THE RIGHT AT ANY TIME TO PLACE REASONABLE RESTRICTIONS ON THE AVAILABILITY OR USE OF THE PRIZE OR ANY COMPONENT THEREOF.
The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.
All eligible Entries will be reviewed and judged by a panel of Cetaphil experts (the “Judges”) to determine the Winner.
Entries will be judged based on the following criteria:
- Overall quality
- Creativity/originality
- Entrant’s interest in the fashion, beauty and skincare space
- Relatability
- Entrant’s status as an existing content creators or aspiring content creator
- Placement of Cetaphil products
- Compliance with content restrictions
The selection of the Judges is at the sole discretion of Sponsor, and the decision of the Judges is final and may not be appealed.
The Winner will be notified via a Direct Message by the Sponsor (or Sponsor’s designee) on the social media platform from which their Entry was submitted and will be asked to privately provide their contact information to the Sponsor/Administrator, including email address. If the Winner does not send an email to the email address indicated in the Direct Message within 48 hours, the Prize will be forfeited and the Judges may select a new Winner.
The Winner will be required to electronically sign a Declaration of Eligibility, Liability/Publicity Release and Assignment of Rights (“Declaration Package”), and Winner’s guest must sign a Liability Release (“Guest Release”). Signing and returning the Declaration Package shall constitute Winner’s acceptance of the Prize. If the Winner does not return the signed Declaration Package and Guest Release within three (3) business days after receipt, the Prize will be forfeited and the Judges may select a new Winner.
By accepting the Prize, the Winner agrees to allow Galderma Canada Inc. and its respective subsidiaries and affiliates, promotional and advertising agencies and representatives the right to use Winner’s Entry, his/her name, Instagram user name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes in connection with this Contest and the promotion of Sponsor’s products, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Winner will be announced on the Cetaphil Instagram page at https://www.instagram.com/cetaphilcanada and Cetaphil TikTok page at https://www.tiktok.com/@cetaphilcanada on 15 January 2024.
By accepting the Prize, Winner expressly agrees to provide the following social media content during the six (6) month period after acceptance:
- Four (4) In-Feed Posts on Winner’s personal Instagram channel profiling Cetaphil and Winner’s NYC Fashion Week experience; two (2) of which to be “Collab” Instagram posts with Sponsor’s Cetaphil channel and model talent
- Three (3) Instagram Stories profiling Cetaphil and Winner’s NYC Fashion Week experience (3 Frames Minimum)
(“Winner Content”)
All Winner Content shall be developed in collaboration with Sponsor, and subject to prior review, revision and approval by Sponsor according to Sponsor’s internal promotion compliance policies.
All decisions regarding the Contest remain with the Sponsor. The Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason. The Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper or interfere with the Contest entry process, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, may be a violation of criminal and civil laws, and the Sponsor reserves the right to seek damages and/or other relief (including legal fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Sponsor. In their sole determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Sponsor corrupt the security, proper play or administration of the Contest.
In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail. In no event will more prizes be awarded than those listed in these Official Rules. All federal, provincial/territorial, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are within the sole discretion of the Sponsor and may be changed from time to time without notice.
By entering the Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and their representatives, heirs, next of kin and assignees (“Entrant’s Representatives”), agree to save, defend and hold harmless the Sponsor and its employees, officers and directors, as well as the Sponsor’s affiliates, distributors, contractors, successors and assigns, and each of their respective employees, officers and directors (the “Released Parties”), from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest arising from an Entrant’s failure to comply with the Contest Rules, Entrant's negligent acts or omissions or willful misconduct.
None of the Released Parties assumes any liability for any incorrect or inaccurate information relating to the Contest, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or for any technical or human error which may occur in the processing of Entries, the selection of the Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to the Entrant or to any other person's computer related to or resulting from participating or downloading materials in the Contest. None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to the Entrant’s or any other person's computer equipment resulting from the Entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Personal information collected from Entrants will only be used by the Sponsor to administer the Contest and, only if consent is given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please refer to the Sponsor’s privacy policy, available at https://www.cetaphil.ca/en/privacy-policy.html
The Contest shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to any choice of law or conflict of law rules or provisions.
Each Entrant irrevocably agrees that any dispute relating to the Contest will be resolved solely by binding arbitration before a sole arbitrator, with experience in advertising or promotion and entertainment law, under the rules and regulations of the Arbitration and Mediation Institute of Canada (“AMIC”); provided, however, that the Sponsor may nonetheless: (1) seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these Official Rules or the entry documents; (2) bring an action in court to protect intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with jurisdiction. The arbitration will be held in Toronto, Ontario. The arbitrator will issue a written decision, and will have the power to award any legal remedies, except as limited by these Official Rules, the Declaration Package and the Guest Release.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
Sponsored by:
Galderma Canada Inc.
55 Commerce Valley Drive West, Suite 400 Thornhill ON L3T 7V9 Canada