Definitions and Acceptance of the Terms and Conditions
1. This online campaign (“Online Campaign”) is organized by amika Hong Kong (“AMIKA”).
2. Participation in the Online Campaign is subject to the terms and conditions set out below (“Terms”).
3. By submitting this form, the Participant (which is the person participating this Online Campaign) accepts and agrees to be bound by these Terms in full and any amendments, additions, replacements, variations and modifications hereto, which shall be final and binding in all respect on the Participant. Non-compliance with or breach of any of these Terms may disqualify a participant at any stage of the Online Campaign, and any prizes won may be forfeited, withheld, withdrawn or reclaimed.
4. AMIKA may, in its sole discretion, modify or revise these Terms at any time, and the Participant is deemed to agree to be bound by such modifications or revisions. Amendments to the Terms will be posted at AMIKA’s website on https://www.amika.com.hk/. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
5. Employees of AMIKA, Beauty Express Limited and its related corporations (“Beauty Express Group”) or of AMIKA’s partners and/or sponsors for the Online Campaign (if applicable), and their immediate family members (including spouses, children, parents, brothers and sisters) are not eligible to participate in the Online Campaign. Winners may be required to sign a written statement confirming their eligibility before prize collection.
6. Participant affirms the accuracy of all information provided at the time of the submission of this form. Any misrepresentation of any fact or particulars (deemed material by AMIKA) shall result in disqualification and/or the forfeiture, withholding, withdrawal or reclaiming of any prizes won.
7. AMIKA reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to or alter any of the prizes offered without notice to the Participants.
Details of the Online Campaign and Content of the Video
8. In order to be eligible to participate in the Online Campaign, the Participant should upload a one-minute video sharing his/her experience on any AMIKA products (“the Video”) onto his/her personal Instagram account (which should be a public account) and tag @amika_hk. The Participant should also submit this form posted at AMIKA’s website on https://www.amika.com.hk/.
9. Each participant may submit multiple entries but he/she cannot win more than once.
10. If the Video meets with the approval of AMIKA, the Participant will receive an email with a unique discount code of HK$200.00 to be spent on AMIKA’s website on https://www.amika.com.hk/ (which cannot be used in conjunction with other promotions and is valid for one (1) month from the date of approval). Otherwise, the Participant will receive an email of rejection.
11. A weekly winner will be chosen every Monday. Upon receiving a confirmation email of the prize, the weekly winner will receive a Salon Set worth HK$7,740.00. All prizes which are remain unclaimed after one (1) month of the announcement of the winners will be forfeited and another winner will be selected.
12. AMIKA’s decision on the winners is final and no correspondence will be entertained. AMIKA’s decision at all stages of the Online Campaign is final. No enquiries, appeals, verbal or written, shall be entertained. The Participant shall accept and abide by any and all decisions made by AMIKA concerning, without limitation, these terms and conditions, the rules, procedures and regulations of the Online Campaign, the award of prizes and any other matters relating to the Online Campaign.
13. Prizes are not transferable or exchangeable and non-cash prizes cannot be exchanged for cash. AMIKA accepts no responsibility for any tax or other liability that may arise from the prize winnings. Prizes are subject to availability and AMIKA has the right to substitute any prize for a comparable prize of equal or greater value to be awarded in lieu, subject to any applicable law.
14. Participants shall not, without the prior written approval of AMIKA, speak to the press or any other media nor give any interviews or comments relating to the Online Campaign.
15. By submitting this form, the Participant grants AMIKA the right (free of charge) to:
(i) download the Video from the Participant’s personal Instagram account on https://www.instagram.com/;
(ii) use such of the Participant’s names and the Videos as AMIKA may consider necessary for the purposes of advertisements;
(iii) reproduce the Videos in any websites or social media or digital outlets at any time from the date of submission of this form for promotional and advertisement purposes. For the avoidance of doubt, the content, layout and format of the Videos in any website or social media or digital outlets will be subject to variation at AMIKA’s sole discretion.
16. The Participant also agrees that :-
(i) any and all personal data submitted may be collected, used and/or disclosed to AMIKA for various purposes, including to communicate with the Participant for purposes related to the Online Campaign and such other purposes AMIKA may reasonably deem appropriate, or in relation to which the Participant has otherwise provided AMIKA with consent;
(ii) AMIKA may collect, use, disclose and share amongst themselves and their respective service providers, the participant’s personal data, including the photograph or the Video or audio-video or other recordings (if any) of the Participant (“Material”) for publicity and/or use in advertisements across all media, including, without limitation, in AMIKA publications, presentations, promotional materials on their websites, in its original or edited format, and whether to promote the Online Campaign or otherwise without further notification, remuneration or compensation; and
(iii) the copyright and all other intellectual property rights in and to all Material shall vest solely and absolutely in AMIKA without further compensation.
17. AMIKA owns the copyright in all advertisements written or designed by it or on its behalf.
Liability of AMIKA and Beauty Express Group
18. AMIKA is not responsible for the content of the Videos provided by the Participant.
19. AMIKA shall not be responsible, under any circumstances, for any loss suffered by the Participant or any loss which could not be contemplated by AMIKA and the Participant.
20. Beauty Express Group and AMIKA’s partners and/or sponsors for the Online Campaign (if applicable) shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death in connection with the Online Campaign, or any prize, except any liability that cannot be excluded by law. Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these Terms apply to this Online Campaign nor in respect of the prizes and all implied warranties are excluded, including but not limited to, the implied warranties of satisfactory quality, merchantability or fitness for a particular purpose of any of the prizes.
Liability of the Participant
21. The Participant will fully reimburse AMIKA for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Video(s) by AMIKA in accordance with these Terms.
22. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Term.
23. If AMIKA fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
24. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
25. These Terms referred to herein replace all previous agreements between the Participant and AMIKA, and are the entire agreement between the Participant and AMIKA in respect of this Online Campaign.
26. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by the law of Hong Kong and the courts of Hong Kong will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
Should there be any discrepancy or inconsistency between the English and Chinese versions of the terms and conditions, the English version shall prevail.