Terms and Conditions
Last Updated January 21, 2021
Welcome to the Clé de Peau Beauté website, www.cledepeaubeaute.com (the “Website”).
Clé de Peau Beauté provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before using the Website. If you do not agree to these Terms and Conditions, please do not use our Website.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.
2. TERMS OF SALE; SHIPPING & RETURN POLICY
Despite our efforts, occasional pricing errors may occur on the Website. Possession of, or access to, the Website does not constitute the right to purchase products featured. Clé de Peau Beauté is not responsible for typographical or pricing errors. Clé de Peau Beauté reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No Clé de Peau Beauté employee or agent has the authority to vary any of these terms and conditions governing any sale.
Clé de Peau Beauté sells and ships products to end user customers only through our Website, and application, and Customer Service Call Center. You may not purchase for resale. You may not purchase more than 6 units of a single item in one transaction and/or within a 24 hour window. Clé de Peau Beauté reserves the right, with or without notice, to reduce the quantity of any order to be fulfilled or to refuse or cancel your order if we suspect you are purchasing for resale or are not the authorized buyer.
Please review our Shipping and Returns policies which governs purchases you make on the Website, if any, so that you may understand our sales practices.
Promotions cannot be combined with any other offers or discounts. Offers are not valid on prior purchases. We may restrict promotion redemption to one per client or one per order. Please note, excessive misuse of promotions and codes may result in order or item cancellation.
4. WEBSITE INTENDED AUDIENCE
This Website is intended for and directed to residents of the United States. This Website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.
5. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.
6. INTELLECTUAL PROPERTY
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Clé de Peau Beauté, our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Clé de Peau Beauté, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our New York office at the address specified below.
Clé de Peau Beauté
390 Madison Avenue
New York, NY 10017
7. ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
8. MOBILE FEATURES
We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse the Website from your mobile device, upload content to the Website, receive messages from the Website, download applications to your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.
9. YOUR OBLIGATIONS AND RESPONSIBILITIES
10. YOUR ACCOUNT
You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Clé de Peau Beauté’ best interests to do so.
Clé de Peau Beauté has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Clé de Peau Beauté. We may permit some links for convenience, but it is not an endorsement by Clé de Peau Beauté, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Clé de Peau Beauté and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. By connecting to the Website with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.
12. USER GENERATED CONTENT
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us (“User Generated Content”) will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of User Generated Content may not be returned and we may use your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You agree that you will not provide to us any User Generated Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Clé de Peau Beauté; that you will not post any User Generated Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Clé de Peau Beauté, or misrepresent an affiliation with another person or organization; you will not post any User Generated Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. We have to right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.
13. COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached by writing to Legal Department, Shiseido Americas Corporation, 390 Madison Avenue, New York, NY 10017, or by emailing DMCA@sac.shiseido.com.
You agree to indemnify, defend, and hold harmless, Clé de Peau Beauté, its affiliates, parent, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
15. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
16. JURISDICTION; ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and Clé de Peau Beauté agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
- Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Clé de Peau Beauté, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CLé DE PEAU BEAUTé WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.
OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by emailing us at firstname.lastname@example.org and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Website.
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms and Conditions shall be governed by the laws of New York as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.
If any provision in these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms and Conditions shall remain in effect.
18. Clé de Peau Beauté Texts
Text JOIN to 75846 to receive texts from Clé de Peau Beauté.
Supported carriers include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and revising the Last Updated date at the top of these Terms and Conditions. Any changes are effective immediately upon posting to the Website. If you do not agree with any of the changes you should stop using the Website. The sections on indemnification and limitation of liability do not apply to New Jersey residents.
20. CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT DISCLOSURE
On January 1, 2012, the California Transparency in Supply Chain Act went into effect in California. This act requires retail sellers and manufacturers doing business in California to disclose the efforts made to ensure its supply chains are free from slavery and human trafficking in effort to eradicate slavery and human trafficking from product supply chains.
Clé de Peau Beauté is committed to being responsible in its global business practices and takes steps with its product suppliers to ensure compliance with Clé de Peau Beauté’ standards of conduct as set forth in Shiseido Group Supplier Code of Conduct, of which Clé de Peau Beauté is a part, and all applicable laws. Clé de Peau Beauté has made the following efforts to ensure compliance by its product suppliers:
Certification: Clé de Peau Beauté requires all product suppliers to confirm in writing that they understand and will adhere to the Shiseido Group Supplier Code of Conduct. The Shiseido Group Supplier Code of Conduct specifically requires product suppliers to certify that all goods are manufactured in compliance with the wage and hour, slavery and human trafficking laws of the country of manufacture and without the use of children or prison, indentured, exploited, bonded, forced or slave labor.
Training: The Shiseido Group’s global procurement and supply chain management teams are trained on the Shiseido Group Supplier Code of Conduct and how to identify possible indicators of human trafficking and slavery in the supply chain to ensure that no risk factors are present.
Audits & Verification: The Shiseido Group’s global procurement and supply chain management teams have the ability to audit product suppliers either itself or conduct an independent third party assessment, including conducting on-site inspections to assess factory conditions and ensure that management is not in violation of slavery and human-trafficking laws.
Accountability: Clé de Peau Beauté will not do business with any supplier who will not agree to comply with the Shiseido Global Supplier Code of Conduct or its other accountability standards. Clé de Peau Beauté will issue a warning to any supplier, employee or contractor who willfully or knowingly fails to comply with these standards and, if the supplier, employee, or contractor fails to take prompt corrective action, Clé de Peau Beauté will enforce disciplinary action including termination of the business relationship.
Clé de Peau Beauté is dedicated to conducting its business with integrity and the highest standard of ethics and seeks the same level of integrity and ethical standards with its vendor and supplier partners. Clé de Peau Beauté will continue to assess all risks and opportunities to ensure that its approach will prevent any injustice or violation of human rights within its supply chain.
21. The Clé de Peau Beauté “Nominate A Hero” Contest Official Rules, Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROBIBITED BY LAW. The Clé de Peau Beauté’s “Nominate A Hero” Contest (“Contest”) is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. The Contest will begin on May 10, 2021 and end on June 30, 2021(the “Contest Period”). Clé de Peau Beauté’s (“Sponsor”) computer is the official time-keeping device for this Contest. The Contest will be administered by Extole, Inc., (“Administrator”) 548 Market St, Suite 39231 San Francisco, CA 94104. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter and Facebook.
- Eligibility: Clé de Peau Beauté’s “Nominate A Hero” Contest is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or the legal age of majority in their jurisdiction of residence as of the date and time of entry. Employees, officers, directors and agents of Sponsor (as defined below) and any of its parent, subsidiary and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Nominations must be submitted on behalf of another person; self-nominations will not be accepted. Nominations must be submitted in English only. Nominations may only be submitted in the name of a single person; group nominations are not acceptable.
- Sponsor: Clé de Peau Beauté, 390 Madison Avenue, New York, NY 10017.
- How to Enter: During the Contest Period, complete and submit the digital entry form nominating an essential worker or a hero at: https://www.cledepeaubeaute.com
- Winner Selection: After the Contest Period concludes, Sponsor will choose one (1) winner after reading all eligible entries received. In the event there are not enough eligible entries, the prize may not be awarded. The Sponsor’s decisions are final and binding. Odds of winning depend on the number of eligible entries received.
- Winner Notification: On or about July 31, 2021, Sponsor will notify the potential prize winner via e-mail. The potential winner will be required to take the specified steps provided in the message with the requested contact information within 48 hours of receiving the win notification. By accepting and/or using prize, winner(s) agree to the use of his/her name, city, state, voice and/or likeness for the purposes of advertising, trade or promotion without further compensation, unless prohibited by law. If a potential winner cannot be contacted within the required time period, fails to respond with the requested contact information and to provide the required documentation/assurances within the required time period, or does not comply with the Official Rules, the potential winner will be disqualified and forfeits the prize. If a prize is forfeited or returned as undeliverable, an alternate winner will be selected.
- Prize: One (1) prize winner will receive a Full Size La Crème 30ml (value: $550). Each prize is awarded “as is” with no warranty or guarantee, either express or implied. No substitution, exchange or transfer of a prize by winner. Prizes cannot be redeemed for cash. Sponsor reserves the right to substitute any prize for one of comparable or greater value, at its sole discretion. Any and all fees and costs and all applicable federal, state, and local taxes and expenses related to acceptance and use of the prize not specifically stated herein, are solely the responsibility of the individual winner. Sponsor will not replace any lost or stolen prizes. Winner agrees that any prizes are personal to that applicable winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may determine a new winner in accordance with the winner selection method described above from among all eligible entries. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspend entries and (i) cancel or terminate the Contest; (ii) modify or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (iii) award the prize in accordance with the winner selection criteria set forth above from among the eligible, non-suspect entries received up to the time of the impairment. If the Contest is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Contest and shall not be required to award substitute prizes and shall have no further obligation to any participant in connection with the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Publicity: Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor (which consent may be confirmed in writing at Sponsor’s request) and its designees may use the winner’s name, city, state, likeness and/or prize information in connection with the Contest for promotional, advertising or other purposes, in any manner, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. All nominations become the property of Clé de Peau Beauté and will not be returned. Clé de Peau Beauté reserves the right to edit the nomination as it sees fit for use in publication or promotion. By submitting a nomination you agree to grant Sponsor the right without obligation, unless prohibited by law, to use the contents of your nomination, your name, voice, picture and likeness, without compensation, for the purpose of advertising and publicizing all matters related to the Contest and/or the Sponsor in any medium, throughout the world in perpetuity.
- Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrant agrees to release and hold harmless https://www.cledepeaubeaute.com and its respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, and their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or use of the prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest; or (e) late, lost, stolen, illegible, inaccurate, delayed, misdirected or undeliverable, posts, mail which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney’s fees. No more than the stated number of prizes will be awarded.
- Disputes; Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- Official Rules; Winner List: To find out the name of the winners, please send a self-addressed stamped envelope on or before August 15, 2021 to Clé de Peau Beauté, 390 Madison Avenue, New York, NY 10017.
LIMIT: ONE (1) ENTRY PER PERSON IN THE CONTEST. In the event more than the stated number of entries is received from any one (1) person, all additional entries will be void. Entry must include all required information in order for the individual to receive an entry. Entries become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The prize will be awarded to the individual corresponding to the nominee’s information in the digital entry form. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by a wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses associated with the submitted email address, as applicable. Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning entry.