Annual Beauty Campaign – Giveaway
Terms and Conditions
The Giveaway is organized by DFS Group Limited (CR No.: 0034425), a limited liability company incorporated in the Hong Kong SAR of the People’s Republic of China with its business address at 15/F, One Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong (“DFS”). Participation in the Giveaway constitutes acceptance of these Terms and Conditions (“Terms”). By entering the Giveaway, you have fully understood and agree to be bound by these Terms.
This Giveaway takes place online on Instagram. The Giveaway is in no way endorsed or sponsored by Instagram. Any questions, comments or complaints regarding the Giveaway must be directed to DFS.
1. Eligibility
1.1 To enter the Giveaway, you must fulfill all the following requirements* -
(a) Follow @DFSOfficial on Instagram and like the Giveaway post posted on 22 September, 2022; and
(b) Publish a post on your public profile featuring your DFS favorite Beauty Guide(s)
- In the post caption, tag @DFSOfficial and #DFSBeautyGuides, and share why these Beauty Guide(s) are your favorite.
- One post will be counted as one entry.
*No purchase is necessary to enter or win. A purchase does not improve your chances of winning.
1.2 To be eligible to participate, you must be an individual currently legally residing in Hong Kong SAR or Macau SAR and at least 18 years old at the time of entry to the Giveaway. Proof of eligibility may be required by DFS.
2. Details of the Giveaway
2.1 The Giveaway starts on 22 September, 2022 Hong Kong Time (“HKT”) and ends on 30 September 30, 2022 at 23:59 p.m. HKT (the “Giveaway Period”).
2.2 The sole determinant of time for the purposes of this Giveaway, including receipt of a valid Submission (defined below), will be the Giveaway computer servers (“Giveaway computers”). Proof of transmission (screenshots or captures, etc.) or attempted transmission does not constitute proof of delivery or receipt by the Giveaway computers or DFS. DFS is not responsible for any entries that are late, lost, misdirected, or not received.
3. How to Enter the Giveaway
3.1 To enter the Giveaway and be considered an eligible submission, the entrant must fulfill all the listed requirements in Point 1.1.
3.2 An entrant is eligible to enter the Giveaway unlimited times from a single public Instagram account.
3.3 DFS reserves the right to, in its sole and absolute discretion, exclude or disqualify any of the following entrant(s) and/or Submission(s), and forfeit the Prize(s) (as defined below) won (if applicable):
(a) any person who is found to have entered the Giveaway with more than one (1) Instagram account and all the Submission(s) made by such person; and
(b) all incomplete or non-conforming Submission(s) and the relevant entrant(s).
3.4 DFS will not verify receipt of Submissions. Submissions that are late, lost, stolen, undelivered, illegible, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in these Terms will be void. Any attempt by any entrant to enter the Giveaway by using fake Instagram accounts, multiple/different identities, registrations, logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification.
4. Content Restrictions
4.1 Each Submission shall conform to the following content restrictions, failing which shall result in immediate disqualification and removal from the Giveaway in DFS’ sole and absolute discretion: -
(a) The content of your Submission must be original and unique, and you must have all necessary rights, title, and interests in and to the Submission for the purposes of the Giveaway. For the avoidance of any doubt, your Submission cannot be something that you have copied or downloaded (e.g. from the worldwide web, or otherwise), and must not be a modification, enhancement or alteration of a third party’s pre-existing work;
(b) The Submission must not contain any material that violates or infringes the intellectual property rights or other rights of any other person or entity;
(c) The Submission must not contain any material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous (including without limitation nudity, violence, obscenity, profanity, pornography, illegal activity or anything offensive in nature);
(d) The Submission must not contain any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination of any kind;
(e) The Submission must not contain any material that is unlawful, in violation of or contrary to any applicable laws and regulations;
(f) The Submission must not contain any material that promotes illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(g) The Submission must not depict DFS in any way that would constitute trade disparagement or defamation, contain any defamatory or negative statements about DFS, its personnel, its products and/or its services;
(h) The Submission must be consistent with the image and values of DFS and be consistent with and satisfy the purposes of the Giveaway;
(i) The Submission must not have been submitted previously in a promotion or giveaway of any kind or exhibited or displayed publicly through any means prior to the Giveaway;
(j) The Submission must not contain commercial content or promotions for any products or services other than products and services of DFS; and
(k) The Submission must not contain any identifiable third-party products, trademarks, brands and/or logos, other than those of DFS (e.g. any buildings, products appearing in your Submission must not contain any visible logos, trademarks or other third party materials unless the appropriate consents have been obtained).
5. Warranties and Representations
5.1 By entering the Giveaway, you warrant and represent the following: -
(a) the Submission is your original work;
(b) you are the sole and exclusive author and owner of the Submission;
(c) the Submission does not and will not violate or infringe any rights (including without limitation intellectual property rights) of any third parties;
(d) all information you have provided in respect of the Giveaway is true and accurate; and
(e) it shall be lawful for you to enter the Giveaway and make the Submission.
6. Determination of Winners
6.1 A total of four (4) winners from the Hong Kong SAR and Macau SAR regions will be selected for the Giveaway. The winners will be announced via @DFSOfficial’s Instagram Story on 6 October 6, 2022.
6.2 Winners will be determined by the score given by a panel of judges selected by DFS, which may include members of DFS’ marketing team and its advertising and promotional agencies (the “Judging Panel”) at their sole and absolute discretion according to the following criteria in equal measure: (i) the number of entries of each entrant, (ii) creativity and uniqueness.
6.3 By submitting a Submission, entrants agree to abide by the aforesaid process of winner selection and the Judging Panel’s decision, which shall be final and binding in all matters related to the Giveaway.
6.4 Each entrant is entitled to win once (1) only during the Giveaway Period.
7. Prizes
7.1 There are a total of four (4) sets of prizes (each a “Prize” and collectively the “Prizes”). The total value of the Prizes is over HK$13,000.
7.2 The odds of winning a Prize depends on the number of entries, as well as the creativity and uniqueness of eligible Submissions received.
7.3 If a Prize (or part of the Prize) becomes unavailable for reasons beyond DFS’ control, DFS, to the extent permitted by law, reserves the right to substitute the Prize (or that part of a Prize) with a prize that in DFS’ discretion is determined to be of equal or similar value and that is reasonably similar to the original Prize.
7.4 The Prizes will be addressed and mailed to the winners according to their contact details shared with DFS via Instagram Direct Message after the winners have been announced.
7.5 All Prizes are non-transferrable and not redeemable for cash, coupons, DFS Gift Cards, DFS vouchers, store credits, any other forms of credit, and/or any other membership points or services. Prizes are provided "as is" without further representation, warranty or guarantee of
any kind, express or implied. In no event shall DFS be obligated to award any of the Prizes should it determine, in its sole and absolute discretion, that the Submissions are unsatisfactory.
8. Notification of Winners and Prize Collection
8.1 The four (4) winners will be announced via @DFSOfficial’s Instagram Story, by way of tagging the winner with the Instagram handle used by the winner to enter the Giveaway (each a “Registered Instagram Handle”), on 6 October, 2022.
8.2 Winners will also be contacted by DFS via Instagram’s Direct Message feature through their Registered Instagram Handles on 6 October, 2022.
8.3 If requested by DFS, winners shall within three (3) days of Prizes notification, sign and return a liability / publicity release and/or license agreement (in DFS’ standard form without amendment), failure of which may result in disqualification of the Submission and the winner, as well as the forfeiture of the Prize, in DFS’ sole and absolute discretion.
8.4 If one of the following events occurs, the Prize(s) shall be forfeited and DFS reserves the right to award such Prize(s) or any part thereof to other winner(s) or reserve entries, if applicable, in its sole and absolute discretion:
(a) a winner cannot be contacted with the Registered Instagram Handle within three (3) days of the Prize notification;
(b) a winner rejects his/her Prize; and
(c) a winner fails to comply with these Terms.
8.5 An entrant is not deemed a winner of any Prize, even if the winning notification should so indicate, unless and until the entrant's eligibility has been verified, all required documents returned and executed, and the entrant has been notified that the acceptance and verification process is complete.
9. Conditions, Limitations and Liabilities
9.1 By entering the Giveaway, you agree to release, hold harmless and indemnify DFS, its advertising and promotional agencies, the Judging Panel and any member of DFS, or other party in any way involved in the development or administration of this Giveaway (the “Releasees”) for all losses, costs, damages or claims arising as a result of or in connection with your Submissions, participation in the Giveaway, judging of Submissions, the awarding, accepting, arranging or use of the Prizes, non-compliance with these Terms or any applicable laws and regulations and/or violation or infringement of any third party rights.
9.2 Without limiting the generality of the foregoing, the Releasees are not responsible for and expressly disclaim any and all liabilities associated with:
(a) incorrect or inaccurate Submission information, including communication failures or human error that may occur in the receipt or processing of Submissions, or for destruction of or unauthorized access to, or alteration of, Submissions in a manner that is not expressly allowed under these Terms;
(b) late, lost, stolen, misleading, damaged, misdirected, garbled, incomplete, altered or otherwise irregular Submissions or transmissions, those that have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Terms;
(c) any loss, damage, or claims caused by, or in any way related to an awarded Prize or the Giveaway itself;
(d) any problems or technical malfunctions;
(e) any errors, omissions, incorrect or inaccurate information in any Giveaway-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Giveaway howsoever caused;
(f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise;
(g) any claims regarding the judging of Submissions, or the awarding, accepting, arranging or use of the Prizes; or
(h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind.
Submission material/data that has been tampered with or altered is void.
9.3 Releasees shall not be liable:
(a) for exercising DFS’ rights under these Terms or as otherwise permitted by law, if the Giveaway cannot take place or if any Prize cannot be awarded or redeemed due to causes beyond its control or otherwise not allowed under the applicable laws and regulations;
(b) for technical malfunctions, errors or failure of any kind, lost Submissions, lost or unavailable network connections, Instagram, Internet or ISP availability, or failed, incomplete or delayed computer or mobile device transmissions which may limit one’s ability to enter the Giveaway, including any damage to any computer or mobile device relating to or resulting from participating in the Giveaway; and
(c) for damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages.
10. Reservation of Rights
10.1 DFS reserves the right to, at its sole and absolute discretion and without any prior notice whatsoever: -
(a) cancel, terminate, modify, extend or suspend the Giveaway or amend or substitute any of these Terms at any time and for any reason, including without limitation where the administration, security, fairness or proper conduct of the Giveaway shall be corrupted or affected by virus, bugs, fraud or other causes beyond its control, or the receipt of an insufficient number of Submissions; and/or
(b) disqualify any entrant or Submission for any reason, including without limitation for non-compliance with these Terms, tampering with the entry process or the operation of the Giveaway, attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception or other unfair playing practices, acting in an unsportsmanlike manner or intending to annoy, abuse, threaten or harass any other entrants or DFS representatives.
10.2 In the event that the operation of the Giveaway or any part thereof (a) shall require any prior approval, consent and/or permit from any competent authorities of any jurisdictions; and/or (b) under these Terms (as may be amended or substituted from time to time) shall be contrary to
any applicable laws and regulations of any jurisdictions, the relevant jurisdictions shall automatically be excluded from the Giveaway and no entrants of such jurisdictions shall be eligible to enter into the Giveaway.
10.3 DFS reserves the rights to conduct verification of the Submission(s) by contacting the entrant(s) and to request additional information relevant to the participation in the Giveaway.
10.4 DFS’ decisions are final and binding in all matters relating to the Giveaway.
11. Disputes and Governing Law
11.1 These Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity of these Terms, shall be submitted exclusively to the competent Courts in Hong Kong SAR.
12. General
12.1 In the event that any one or more of the provisions of these Terms shall be determined by any court or competent authority to be illegal, invalid and/or unenforceable in any respect, then such determination shall not affect any other provision of these Terms, all of which shall remain in full force and effect.
12.2 Any person other than an entrant to the Giveaway or DFS shall not benefit from or be entitled to enforce any provision of these Terms and Conditions. Any person other than an entrant to the Giveaway or DFS shall not benefit from or be entitled to enforce any provision of these Terms. DFS shall not be required to notify or obtain the consent of any party in order to rescind or vary these Terms.
12.3 Intellectual Property: All intellectual property, including but not limited to trademarks, trade names, designs, Giveaway materials, web pages, source code, drawings, illustrations, logos, slogans and representations are owned by either DFS and/or their respective affiliates or authorized licensors. All rights are reserved. Unauthorized copying or use of any copyrighted materials or intellectual property without the express written consent of its owner is strictly prohibited.
13. Use of Data
13.1 DFS will be collecting personal data of entrants for the purposes of conducting this Giveaway, which may include disclosure to third parties for the purpose of processing and conducting the Giveaway, and for promotional purposes surrounding this Giveaway, in accordance with its Privacy Policy available at https://www.dfs.com/en/privacy-policy. By entering the Giveaway, entrants agree to DFS’ collection and usage of personal data and acknowledge that they have read and accepted DFS’ Privacy Policy. The personal data collected will be retained for as long as required to fulfil the aforesaid purposes.
13.2 DFS will also ask entrants to allow DFS to use their name, in the event that they are a winner in any media for a one (1) year period of time without remuneration for the purpose of promoting this Giveaway (including any outcome), and/or promoting products manufactured, distributed and/or supplied by DFS.
13.3 Entrants may contact DFS if they have questions or requests about privacy and data protection / have the right to withdraw their consent and to access, change and/or update and/or delete their personal data by sending an email to dpo@dfs.com.
14. Translations governed by these Terms and Conditions
14.1 In the event of any discrepancy or inconsistency between the English version of these Terms and any translated versions, the English version shall prevail.
14.2 In the event of any discrepancy or inconsistency between the Terms and disclosures or other statements contained in any Giveaway related materials, the Terms shall prevail, govern and control.
