Terms of Use

Welcome to the Kiehl’s brand web site which is owned by L’Oreal Canada, Inc. (collectively, "Kiehl’s", "We", "Us", or "Our").You should carefully read the following terms of use (“Terms of Use”) before using them. By accessing or using our web sites, you agree to be bound by these Terms of Use. While surfing on our web sites, you recognize, acknowledge and accept all the Terms of Use set forth herein. Only we, at our sole discretion and without any notice, can modify these Terms of Use and you are responsible for regularly reviewing these Terms of Use. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.

GENERAL REMARK

Unless otherwise specified, our web site is for your personal and non-commercial use and for purely informational and entertainment purposes. We offer no guaranty to the longevity of our web sites and reserve the right to terminate them at any moment, at our sole discretion and that without notice. We assume no responsibility for any prejudice or drawback resulting from the termination of a web site.

ELIGIBILITY AND AGE RESTRICTIONS

If you are an adult, in order to become eligible to use our services you must (a) subscribe to our services, and (b) accept this User's Agreement by clicking on the "I Accept" button or by giving similar consent. If you are between the ages of 13 and 17, to become eligible to use our services you must (a) subscribe to our services, and (b) have your parent or guardian accept this User's Agreement on your behalf by clicking on the "I Accept" button or checking the appropriate section together with an e-mail address where such parent or guardian may be reached or by giving similar consent. If you are under age 13, you are not eligible to use our services.

USE OF SITE

You may display a web site and, subject to any expressly stated restriction or limitation relating to specific content, electronically copy, download and print hard copy portions of the content from the different areas of a web site exclusively for your personal and non-commercial use. Our Website has been designed for your personal, non-commercial use. You agree to use our services only for lawful purposes.

Harassment in any manner or form on this web site or any of our web sites, including e-mail and chat rooms or the use of obscene or abusive language is strictly forbidden. Impersonation of others, including our employees, hosts, or representatives or other members or visitors of this web site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on our web sites or use our web sites to solicit others to join or become members of any other commercial online service or other organisation. We reserve the right to prohibit the access to the website to you if you do not respect the terms of use and privacy policy.

You agree that you will not upload or transmit any viruses, worms, Trojan horses or other similar materials onto our Web site. You also agree that you will not upload, post, reproduce or distribute to or through our Web site any material protected by copyright, patent, trademark, trade secret, right of publicity, right or privacy or any other proprietary or intellectual property rights of any third party without first obtaining the written permission of its owner. Moreover, you agree not to attempt to damage, alter or modify our Web site. You additionally agree not to browse any content of other authorized users in our Web site. You acknowledge that our Web site, and systems accessible through our Web site contain copyrighted and other proprietary and confidential information and material. You agree to respect all such proprietary rights and take all reasonably necessary precautions to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.

SUBMITTING A PHOTOGRAPH AND/OR VIDEO AND/OR TESTIMONY TO US

By submitting your Photograph and/or Video and/or Testimony (collectively, your “Submission”), you give and grant Kiehl's, its parent and affiliated companies, its employees or their agents and assigns, the right to use, reproduce, modify, display and publish any Submissions you have made, in whole or in part, edited or unedited, at its sole discretion for display, without remuneration, for an unlimited time throughout the world. You hereby expressly give up any right to inspect and approve finished products or promotional material, copies or the use to which may be applied. For greater certainty, you hereby grant to Kiehl's, the right to make any changes or adaptations to the Submission without any restriction whatsoever. You also agree that should Kiehl's not desire to use any of the foregoing or the rights described, it is under no obligation to do so. Your comments, full name, age, city and province, may appear in print advertising, website, social media, and possibly other promotions relating to Kiehl's.

You are responsible for ensuring that any Submission you post or submit for posting: (i) is not obscene, offensive, defamatory, libelous, false or misleading, threatening, harassing, abusive or hateful; (ii) is not of someone who did not authorize such submission; (iii) does not infringe on the privacy or property rights (such as copyright, trademark, or patent rights) of any other person or entity; (iv) does not violate any law or regulation (including, but not limited to, consumer protection, unfair competition, anti-discrimination or false advertising); (v) does not include any information that references other competitors, websites, addresses, email addresses, contact information or phone numbers for you or anyone else; and (vi) does not contain any computer viruses, worms or other potentially damaging computer programs or files. You hereby represent and warrant to Kiehl's that: (i) you own or have the rights to use any material or photo that you post or submit for posting; (ii) any such photo is only of yourself, of a minor for whom you are the parent, legal guardian or otherwise legally responsible, or of a person who has authorized you to submit such photo; and (iii) all information and materials you post or submit for posting are accurate, not misleading and created using Kiehl's products.

By submitting your Photograph and/or Video and/or Testimony to Kiehl's constitutes your full and unconditional agreement to these terms. If you do not agree with all these terms then do not submit your Photograph and/or Video and/or Testimony.

Kiehl's may, in its sole discretion, edit, delete or refuse to post any material or photo that you submit to Kiehl's for posting on its Web site and/or for use with on its website.

TRADEMARKS AND COPYRIGHTS

The entire content of our web sites, including but not limited to texts, designs, graphics, interfaces, or code and the selection and arrangement thereof (the “Content”), is our property and is protected by copyright and the reproduction, copying, publication, retransmission, communication or use in anyway of the Content is strictly forbidden without our prior written consent. The Content includes content both owned or controlled Kiehl's or its affiliated companies or other third parties and used by us with their permission.

All trade-marks, registered or not, service marks and trade names (collectively the “Marks”) are our property, or the property of other owners who have granted us the right and licence to use such Marks. Information and software available on our services is either Copyright (c) Kiehl's or one of its affiliates, or copyrighted by third parties and used by us with their permission. All rights reserved.

YOUR RESPONSIBILITIES AS A USER OF OUR SERVICES

The information on our Web site may include material that is inappropriate for you. You expressly agree that the use of our services is at your own risk. You are solely responsible for the contents of your messages and may be held legally liable or accountable for the contents of your messages. By entering our Web site you undertake full responsibility to or for: (i) determining whether the information complies with your needs; (ii) any problems you may experience in connection with the use of any of our current or future technology;(iii) isolating information, executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage your information or system; (iv) determining whether you have adequate legal rights to submit to us, store, reproduce or otherwise use any photographs or information in any manner contemplated by you; and (v) compliance with any legal obligations (such as are imposed on you by copyright, secrecy, defamation, decency, privacy and export laws). If you do not agree to these terms, you should exit our Web site immediately and not re-enter.

SUBMISSIONS

Should you submit any notes, messages / billboard postings, ideas, suggestions, concepts or any other material, such as your pictures, you are thereby assigning all your rights in it to us, and waive all moral rights therein for the term of the right, and that on a perpetual, irrevocable and world-wide basis. Consequently, you give us the right to publish, in any form, and agree that we have the right to publish the material for any type of use including, without limitation, promotional and advertising purposes.

LINKING

We want to provide increased value to you, our visitors. Therefore, we might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. As such, we have no control over these linked sites, all of which have separate terms of use, privacy and data collection practices independent of our own. Consequently, we cannot be held liable and we offer no guaranty whatsoever as to the accuracy, timeliness and completeness of the information contained on such web sites. The links which we might place on our web sites do not imply that we sponsor, endorse or are affiliated or associated with, or had been legally authorised to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. However, we request any feedback that you may have concerning the external links that we have placed on our web site.

PRIVACY

Any information that we collect concerning you is done according to our Privacy Statement. Please refer to our Privacy Statement.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the information contained in our web sites, errors or omissions can occur. We make no warranty or representation, therefore, about the accuracy or completeness of the Content of this web site, or the content of any web site or external site. Although we make use of up to date technology in order to protect your pictures from being copied and captured by unauthorized third parties, please keep in mind that we cannot ensure complete protection. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Our members communicate with each other through onsite mail. While we do not, as a rule, moderate or monitor members’ exchanges, we reserve the right to do so if we suspect users of using our service for the purpose of solicitation or any other violation of our terms of use or Privacy statement. If necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site. Our web sites, the Content, information, services and products listed in our web sites, including without limitation, text, graphics, and links, are provided “as is” and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained in our web sites will be uninterrupted or error free, that defects will be corrected or that our web sites or that the server(s) which makes our web sites available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in our web sites in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You should not act or rely up on any of the Content without seeking the advice of a qualified professional. In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, civil liability, or any other theory arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. You use our web sites at your own risk and consent not to pretend otherwise.

APPLICABLE LAWS

This Terms of Use is governed in accordance with the laws in force in the province of Quebec and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec. Should any provision of the present Terms of Use be found invalid by a court of competent jurisdiction, the incompatible provision will simply be dissociated from the rest of this Terms of Use, and the remainder remains in force. If you suffer any prejudice whatsoever or disagree in any way with the conditions of this Terms of Use, your only recourse is to leave our web sites. These Terms of Use and any and all other legal notices posted on our web sites constitute the entire agreement between you and us with respect to the use of our web sites and its content.

KIEHL’S 2018 HOLIDAY CONTEST FORM OFFICIAL RULES

The Kiehl’s 2018 Holiday Contest is sponsored by KIEHL’S (hereinafter contest sponsors). The contest is open in all of Canada at all Kiehl’s free standing store locations & online at kiehls.ca, and starts on November 1st, 2018 at 9 h 00, and closes on November 24 2018, at 23 h 59 (ET).

Eligibility:

The contest is open to residents of Canada who have reached the age of majority in their province of residence. Employees, representatives and agents of the contest sponsors, their respective advertising and promotional agencies, affiliated and related companies, and members of the immediate family (parents, children, siblings and spouse, regardless of where they live) and household of such employees are not eligible.

How to Enter:

You may enter the contest by one of the following options:

With each purchase of an eligible Kiehl’s limited-edition holiday product or gift set, in-store or online, you will receive 1 entry to win the grand prize. In order to be eligible, purchases must be made before the contest deadline, no later than November 24 2018 at 23 h 59 (ET).

LIMIT OF ONE (1) ENTRY PER ITEM PURCHASED, PER PERSON OR BY CIVIC ADDRESS OR BY E-MAIL. SPONSOR WILL VOID ALL DUPLICATE ENTRIES. IF DECLARED A WINNER, ENTRANT MAY NOT RE-ENTER THE CONTEST OTHERWISE THIS WILL RESULT IN IMMEDIATE DISQUALIFICATION.

NO PURCHASE NECESSARY. To enter the Contest without making a purchase, please write a 50-word essay about “Why I love Kiehl’s”. Each essay must be original to the entrant submitting the essay, and not mechanically reproduced. Include the essay along with your name, address, postal code, and phone number and mail it to: 1500 Robert-Bourassa, Suite 600, Montreal, QC H2A 3S7. All essay entries must be post marked by November 24th (the “Contest Closing Date”) And be received by November 28th at the aforesaid address no later than four (4) business days after the Contest Closing Date to be eligible for entry into the Grand Prize Draw. Limit: you may enter a maximum of one No purchase entry per day.

Prizes:

GRAND PRIZE: There is 1 Grand Prize to win which consists of an Air Canada gift card on an approximate retail value of $ 2,000 CAD. The Air Canada Gift Card Grand Prize is only redeemable against Air Canada and Air Canada Vacation products and services and in accordance with the Air Canada Gift Card terms and conditions. For complete terms and conditions of the Air Canada Gift Cards, please visit aircanada.com/en/giftcard. Air Canada is not responsible for the execution of this Contest.

®Air Canada and the Air Canada logo are registered trademarks of Air Canada, used by L’Oréal Canada Inc. doing business under Kiehl’s Canada under authorization.

Selection of Winners:

At approximately November 26, 12:00 PM (ET) in Montreal, a random draw will be conducted by Kiehl’s Canada for the prizes from all eligible entries received. The odds of winning a prize will depend upon the total number of eligible entries received before the contest closes.

Prize Claim:

In order to be declared a winner and be able to claim prize, each person which will have its name drawn randomly will have to:

Be reached by telephone or e-mail by the contest sponsors within five (5) days following draw;

Correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by phone, e-mail or on the ballot.

In the event that any one of the conditions mentioned herein is not respected, the selected participant’s entry will be void and a new draw will be conducted following the official contest rules until a new winner is selected.

Winner will be asked to fill out and sign a Declaration & Release Form and return it to contest sponsors, to the specified address, within ten (10) days following receipt of the document.

Upon reception of the Declaration & Release Form duly filled and signed by chosen participant, sponsors will either directly send the prize to the address provided on form or, sponsors will mail instructions to chosen participant with instructions on how to claim prize.

In the case of a direct delivery to winner’s address, a 4 to 6 weeks delay following reception of the Declaration & Release Form applies.

General Terms and Conditions:

In the event that the contest winner is a minor, his/her parent or legal guardian, will be asked to sign the appropriate legal documents in order claim prize.

All information provided by participant must be complete and accurate. Sponsors will not be held responsible for any and all telephone problems, unclear voice mail messages, a late / incomplete / erroneously sent prize claim. For any and all incomplete, distorted, late and reproduced entry ballot, which will be annulled and will void eligibility for prize claim.

Contest Sponsor reserves the right at its sole discretion to disqualify any individual from the Contest and to ban the individual from any future contest of the Sponsor that it finds or believes to be tampering with the entry process or the operation of the Contest or Contest Website; to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

If it is discovered that attempts were made by a registered entrant (or any individual purporting to be a registered entrant) to: (i) enter/vote more than once per registered entrant per day during the contest period. (ii) use any automated, script, macro or robotic program(s) to enter/vote (iii) engage in systematic entering/voting in the same day from the same computer/IP address (including but not limited to the creation of false email addresses or social media accounts); then it may result in the disqualification, in the sole and absolute discretion of the Contest Sponsor, even if the entrant was declared a winner.

WARNING:

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.

Prize must be accepted as awarded. NO SUBSTITUTION OF PRIZES IS PERMITTED EXCEPT BY SPONSOR IN ITS SOLE DISCRETION. SPONSOR RESERVES THE RIGHT TO SUBSTITUTE ANY PRIZE WITH ANOTHER PRIZE OF EQUAL OR GREATER VALUE, IF A PRIZE CANNOT BE AWARDED AS DESCRIBED FOR ANY REASON. PRIZES ARE NON-TRANSFERABLE AND ARE NOT REDEEMABLE FOR CASH OR CREDIT, IN WHOLE OR IN PART.

Entrants agree to abide by the terms of these Official Rules and by all decisions of the Sponsor, which are final in all matters pertaining to the Contest. Contest is subject to all applicable laws. By entering/voting, participants release and hold harmless Sponsors, its affiliated and related companies and advertising, promotion agencies and all of their respective directors, officers, shareholders, employees, agents, successors and assigns from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or any prize won. Winners will be required to sign and return, within the time period indicated on the documents, a Declaration of Compliance with Contest Rules and a full Liability and Publicity Release and/or any other document.

By entering, you consent to Sponsor’s use, should you become a winner, of your name, place of residence and photograph or other likeness, and your testimony without further compensation or notice, for publicity, advertising or informational purposes in any media or format (including the Internet) in connection with the products, this Contest, or future similar contests. By entering, you declare that you have complied with the Contest Rules.

All entries become the property of Sponsor and will not be returned to entrants. If a selected entrant’s entry is an Internet entry, the selected entrant may be required to provide Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the selected entry.

A list of winners will be posted publicly on Kiehl’s Canada’s social media accounts from November 24th 2018 onwards.

For the purpose of the present contest, the participant is considered to be the person whose coordinates appear on the contest entry form or ballot. It is this person whom will be asked to answer the mathematical skill-testing question. It is also the person to whom the prize will be awarded if all contest conditions are met. Sponsors reserve the right to request a piece of i.d. prior to prize remittance.

Limitations of Liability:

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter. You understand that you are providing your information to Sponsor and not to Facebook, Instagram, or Twitter. The information you provide will only be used as stated in the Contest Rules. Facebook, Instagram, or Twitter is completely released of all liability by each Entrant (and, if the entrant is at least 18 but under the age of majority in his/her province/state/territory of residence, his/her parent or legal guardian) for this Contest. Any questions, comments or complaints regarding the Contest must be directed to Sponsor or the Contest Administrator.

Without limiting the release, and for greater certainty, the Contest Entities will not be liable for: a) any incorrect or inaccurate information, whether caused by Contest Website users or by any equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of entries in the Contest; b) any error, omission, interruption, deletion, defect or delay in operation of the contest website or any transmission in connection with the Contest; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of e-mail which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; or e) any injury or damage to participants’ or to any other person's computer related to or resulting from participating or downloading materials in this Contest. If the Contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Contest Entities which corrupt or affect the administration, security or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to, without advance notice, terminate or suspend the Contest, in whole or in part, or modify it in any way, subject to the approval of the Régie des alcools, des courses et des jeux in respect of residents of Quebec.

By participating or attempting to participate in the present contest, all individuals release the contest organizers, their advertising and promotional agencies, their employees, agents and representatives from any damage that could be incurred due to their participation or attempted participation in the contest.

By entering the Kiehl’s 2018 Holiday Contest, each eligible entrant acknowledges and agrees that Air Canada’s role in the contest is strictly that of the “Prize Supplier” and that L’Oréal Canada Inc. doing business under Kiehl’s Canada is fully responsible for the conduct and administration of the Contest, including the selection of winners and the distribution of prizes.

Quebec Residents:

Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purposes of helping the parties reach a settlement.

The masculine gender is used in no discriminatory fashion, simply to facilitate composition.

Privacy:

The Contest Sponsor is collecting personal data about entrants for the sole purpose of administering this Contest. No further informational or marketing communications will be received by the entrant unless the entrant provides the Sponsor with explicit permission to do so as indicated on the entry form where it asks the user if they would like to receive additional communication from the Sponsor. Please see our Privacy Policy at www.kiehls.ca.

QUESTIONS?

Should you have any questions please contact: dgcontactkiehls@info-ccc.com.