These terms and conditions ("Terms & Conditions") govern the application procedures and the selection process by Estée Lauder Companies Europe SNC, 61, rue de Villiers, Neuilly-sur-Seine, France 92200 ("Estée Lauder") of an individual who will be the protagonist/the new face of a photo shoot at Smashbox Studios in Los Angeles ("SMASHBOX SOCIAL CASTING").
1. Characteristics of the candidates
The candidate for the selection process for the SMASHBOX SOCIAL CASTING (the “Selection Process”) must be 18 years old at the time of the submission of the application or older, and must be resident or domiciled in Italy (including the Republic of San Marino) or in Germany.
Furthermore, only applicants who have no economic relationship with Estée Lauder or group companies of Estée Lauder may participate in the SMASHBOX SOCIAL CASTING application procedure. Excluded from participation are in particular employees, consultants, influencers or other testimonials as persons working for Estée Lauder.
If at the time of the application submission, the candidate does not meet the above characteristics, his/her application will not be taken into consideration for the purposes of this selection process for the SMASHBOX SOCIAL CASTING.
2. Application characteristics and content
To submit the application for the SMASHBOX SOCIAL CASTING selection, the candidate must:
i. have a public Tiktok account,
ii. follow @SmashboxCosmetics on Tiktok,
iii. submit his/her application by posting Tiktok content on his/her account by following the below guidelines:
(a) use #5secondskin hashtag and tag @SmashboxCosmetics and - only for applicants residing or domiciled in Italy - tag @douglas_italia in the caption,
(b) show a "before" shot of the natural face,
(c) show an "after" facial transformation shot with finished makeup using SmashboxCosmetics products, focusing on different facial features to highlight the beauty routine,
(the "Application Content").
Estée Lauder and Douglas do not supply any products, including products from the Smashbox Cosmetics line, for the purpose of this application process- nor do they provide any form of remuneration to any candidate.
Despite the insertion of the tags, there is no commercial relationship between Estée Lauder and/or Douglas and the candidate, who will in any case be required to respect Tiktok’s terms and conditions and policies.
All the applications must be released in the period from 17 March 2023 to 3 April 2023 (included). Any Application Content posted before or after those dates will not be considered for this Selection Process.
Each candidate can publish up to (1) one Tiktok Application Content for participation in the Selection Process.
Any Application Content that is generated by a script, macro, bot or any other automated means will be deemed void and the Application Content will not be considered for this Selection Process.
A candidate may not register with multiple social media accounts nor may a Participant use multiple devices or artifices to enter the Selection Process multiple times or as multiple candidates. Any candidate who attempts to enter with multiple accounts under multiple identities will be disqualified.
Estée Lauder is not responsible for events not attributable to it, such as, but not limited to: technical problems of any kind, such as malfunction or difficulty with technical tools, computer, telephone line, cables, electronics , software and hardware, transmission and connection, internet connection, which may prevent candidates from sending their application.
The submission of an application to this Selection Process constitutes candidate's full and unconditional acceptance of these Terms & Conditions.
3. Characteristics of the Application Content
The Application Content must: (a) be the original work product of candidate only; (b) be solely owned by candidate and with no other person or entity having any right, title, or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. any mention, discussion, logo, company name, products, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, except for the Smashbox brand.
The Application Content shall not include any property names or physically identify a property by photographing their front sign or any other unique identifying feature or distinguishable architecture. The candidate shall not directly or indirectly include any trademark, logo, or intellectual property in his/her Application Content in any way unless owned exclusively by candidate and in such case Estée Lauder is permitted to use such intellectual property pursuant to the license granted by the candidate in these Terms and Conditions.
If someone other than the candidate has taken, captured or created the content contained within the Application Content, the candidate must have prior written permission from such person to submit such content as part of the Application Content, and candidate must be able to obtain a signed release from such person and provide such release to Estée Lauder upon request of Estée Lauder, in Estée Lauder’s sole discretion.
Estée Lauder may reject any Application Content in its sole discretion if the Application Content in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; promotes any unsafe activities; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Estée Lauder or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in a Estée Lauder’s sole discretion. The Application Content must not duplicate or attempt to duplicate any other Application Content or third-party works. Estée Lauder reserves the right in its sole discretion to disqualify any Application Content that is a duplicate or substantially similar to another Application Content and Estée Lauder may, in its sole discretion, disqualify any Application Content that violates these parameters and/or any other part of these Terms and Conditions. Any identification or participation that is incomplete or erroneous, whether intentionally or not, or that is made in a form other than that provided for in these Terms and Conditions, will be considered null and void.
4. Authorization to use images and videos
4.1 By participating in the SMASHBOX SOCIAL CASTING application process, candidates declare that they have produced the casting content themselves. He/she also agrees that by participating in the SMASHBOX SOCIAL CASTING his/her name and casting content as well as TikTok handle may be published in the event that he/she is selected by the jury (cf. point 5.).
4.2 The candidate irrevocably grants Estée Lauder a simple, non-exclusive, temporally and geographically unlimited right of use, free of charge, to the Application Content for the purpose of conducting the application procedure and the selection process and announcement of the result. This includes in particular the right to reproduce (§ 16 UrhG), distribute (§ 17 UrhG) and make available (§ 19a UrhG) the Application Content as well as the right to adapt and transform the Application Content for publication purposes (§ 23 UrhG) and to provide it with identifiers. The candidate guarantees that he/she is the exclusive owner of the above rights and that he/she has not made any dispositions that conflict with the above granting of rights.
4.3 The candidate also guarantees that no other persons are recognizable on the Application Content who have not previously consented to the publication of the photo for participation in the application procedure for the SMASHBOX SOCIAL CASTING.
4.4 The candidate guarantees that the Application Content uploaded by him/her does not infringe any third-party rights, in particular personal rights, copyrights and/or related rights.
4.5 The candidate shall indemnify Estée Lauder against all claims of third parties, irrespective of the legal grounds, which they assert against Estée Lauder on account of an infringement of their rights due to the use of the Application Content in the context of the implementation of the application procedure and the selection process.
5. Conclusion of the selection process
5.1 A jury appointed by Estée Lauder will review all Application Content published in due time (see clause 2.3) and will select, at its sole discretion, from the Application Content that meets the requirements of these Terms and Conditions, the candidate (s) who reflects better the Smashbox values of creative spirit for the conclusion of a contract to participate in the SMASHBOX SOCIAL CASTING .
5.2 The candidate selected by the jury will be informed privately by Estée Lauder via the TikTok account through which he/she submitted the Application Content. Estée Lauder reserves the right to publicly announce the name of the candidate (s) selected by the jury via its own social media presence.
5.3 Estée Lauder will not be liable for non-delivery of the notification of successful selection if the non-delivery is due to the candidate providing incorrect and/or outdated information.
5.4 The selected candidate will receive an offer from Estée Lauder to enter into a contract for a photo shoot at the Smashbox Studios in Los Angeles. The subject of the contract is that the candidate will be the image for this photo shoot. The contract for the photo shoot at Smashbox Studios in Los Angeles will determine the form of costs to be borne by Estée Lauder. The shooting is planned for the period between 8 May 2023 and 19 May 2023.
6. Personal Data Processing
The candidate's personal data will be processed in accordance with the Privacy Notice Smashbox Social Casting.
7. Applicable law and jurisdiction
The competent court for all disputes arising from and/or in connection with these T&Cs and/or the application process and/or the selection process and/or the selection decision is the court in which the candidate is domiciled. The applicable law is that of the candidate's place of residence.
Offers