CGV | By Terry

TERMS OF USE

Promotions:

1. Our promotional codes - exclude Holiday (Terryfic Glow) Collection, Éclat Opulent Serum Foundation, Hyaluronic Global Serum, Hyaluronic Global Eye Serum, Refill Hyaluronic Global Eye Serum, Markdown lines, Promotional Sets & Travel-Size Products.

2. Refer a friend and save 30% off - excludes Holiday (Terryfic Glow) Collection, Éclat Opulent Serum Foundation, Hyaluronic Global Serum, Hyaluronic Global Eye Serum, Refill Hyaluronic Global Eye Serum, Markdown lines, Promotional Sets & Travel-Size Products.

Opting-out of Online Targeted Advertising

BY TERRY adheres to the Digital Advertising Alliance (DAA) Self-Regulatory Principles. You can opt out of online targeted advertising by BY TERRY and other companies participating in the DAA program through the DAA Consumer Choice page or the Network Advertising Initiative’s platform if you live in US, and the IAB Europe’s platform (YourOnlinechoices) if you live in the UK or within the EU.

The website www.byterry.com (the “Website”), operated by the company JIL – « By Terry », a French Société par actions simplifiée with a capital of 1 746 000 €, whose headquarters are located 24 rue Erlanger – 75016 Paris, registered at the PARIS RCS under number 410 318 968 (hereinafter, “BY TERRY”), contains sections allowing the users to upload photographs, videos and other types of information about themselves, including the “True Motion Shot” and the “Expert Community” sections (the “Sections”). These terms of use (the “Terms of Use”) apply to any user using a Section.

Users that upload posts in the Sections (hereinafter, the “Users”) hereby authorize BY TERRY to use the data and information included in the posts uploaded in the Sections (the “Posts”), including the image of the User, pictures, videos, caption, comments, location information and any information included by the User in its Post (the “User Content”).

By uploading a Post in a Section, the User grants to BY TERRY:

- the right to use the Post and the User Content, in any manner and on any media to be determined in BY TERRY’s sole discretion, including but not limited to on its websites (including the Website), webpages, its retailers’ websites, social media pages/accounts operated by BY TERRY or by its retailers, promotional e-mails and advertisements, videos, and in other marketing, promotional and advertising initiatives, including in point of sales, in any media now or hereafter known;
- the right to use his image, likeness or other identifying information in connection with any use of the Post of the User Content;
- to use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the Post and/or the User Content for legal, regulatory or any other reasons, in any way it sees fit (while maintaining the original spirit of the Post), with no obligation to the User whatsoever;

(hereafter, collectively, the “Rights”).

The User acknowledges and accepts that BY TERRY may assign the Rights to any third-party. The Rights are assigned by the User to BY TERRY on a worldwide, perpetual, non- exclusive, royalty-free, transferable basis.

The User confirms that:

(i) He owns all the Rights in the User Content and/or that he has permission from any person(s) appearing in the User Content to grant the rights herein ;
(ii) He and all other person(s) appearing in the User Content have the legal majority in their country of residence;
(iii) BY TERRY’s use of the User Content will not break any law or violate the rights of a third party. BY TERRY has the right to disclose the User’s identity to any third party who claims that the User Content infringes their rights.

The User acknowledges and agrees that the Post and/or User Content could be subject to “viral” communication (word-of- mouth communication) on third party websites and that BY TERRY will not be liable for any claim or action in this regard.

The User consents to BY TERRY’s collection of any personal information he provides, and BY TERRY’s use and disclosure of that personal information in connection with the use of the User Content as described above. The User’s personal information may be shared with affiliates or other trusted third parties working on BY TERRY’s behalf. By posting the User Content in a Section, the User agrees to the Terms of Use.
The User will not hold BY TERRY, or any person acting on BY TERRY’s behalf, responsible for any claims or demands in connection with the use of the User Content and/or the Post.

He accepts that BY TERRY will not pay for the use of the User Content and/or the Post and/or for any intellectual property rights connected with them.

The User acknowledges and accepts that BY TERRY is entitled to refuse to use and/or to exploit the Post and/or the User Content, and that BY TERRY is free to delete, at any time, any Post and/or User Content, for any reason.

In accordance with the "Informatique et Libertés" Law n ° 78-17 of January 6, 1978, the User has a right to access, rectify, oppose and remove its personal data by contacting customer service at [email protected] .

BY TERRY reserves the right to alter these Terms of Use at any time.

These Terms of Use are subject to French law. Any dispute concerning the interpretation, performance or termination of these Terms of Use, shall be the exclusive jurisdiction of the competent Paris courts.

Refer a friend promotion

BY TERRY’s online refer-a-friend scheme gives both those who recommend friends to BY TERRY and those who are referred to BY TERRY by friends, the opportunity to receive rewards.

The BY TERRY refer-a-friend scheme is managed by Mention Me. When you complete an online order with BY TERRY, the option to refer-a-friend and register with Mention Me will appear on the order confirmation page. This will contain a link with details of the specific BY TERRY refer-a-friend reward on offer.

Referrer Rewards:

• If you refer-a-friend and they place their first eligible order online at www.byterry.com we will offer you a promotional code that will entitle you to receive 30% off a single transaction order.

• This offer excludes delivery charges, sale items, promotional sets, travel-size, VIP Expert Bonjour Paris Palette, Hyaluronic Hydra-Powder Palette, Hyaluronic Hydra-Balm & Hyaluronic Global Face Cream.

• To refer a friend, you must be over the age of 18.

• In order for the referral to qualify, the referred friend must: 1) be a new customer of BY TERRY; 2) be over the age of 18; and 3) meet the conditions of their reward

• Each promotional code may only be used once.

• You will need to enter the promotional code received in the ‘Promotion Code’ box on the checkout page.

• The code must be redeemed by the referred friend within 14 days of receiving it.

• Refer-a-friend rewards will be valid for 6 months from the date earned by the referrer.

• Rewards will be cumulative and so if multiple qualifying referrals are made by a referrer to BY TERRY, multiple rewards will be delivered to the referrer. A referrer may not earn more than 5 rewards within any 24-hour period or 50 rewards within the last 12 months.

• Referral rewards cannot be combined with other discount codes, promotions or offers in a single order.

• You may not refer yourself. Where we detect people attempting to refer themselves, BY TERRY reserves the right to intervene, cancel outstanding orders and suspend all associated accounts permanently.

• In the event of fraud, abuse, and/or an error affecting the proper operation of this promotion, BY TERRY reserves the right to end or suspend the promotion.

• BY TERRY reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, users shall be deemed to have agreed to any such new or amended terms.

Referee Rewards:

• If you are a referred friend, we will offer you a promotional code that will entitle you to receive 30% off your first eligible order online at www.byterry.com/

• This offer excludes delivery charges, sale items, promotional sets, travel-size, VIP Expert Bonjour Paris Palette, Hyaluronic Hydra-Powder Palette, Hyaluronic Hydra-Balm & Hyaluronic Global Face Cream.

• Each promotional code may only be used once.

• To qualify for a referred friend award, you must: 1) be a new customer of BY TERRY; 2) be over the age of 18

• You will need to enter the promotional code received in the ‘Promotion Code’ box on the checkout page.

• A referred friend award is valid for 14 days from the date it was offered to the referred friend.

• A referred friend reward cannot be claimed by the same person making the referral.

• Referral rewards cannot be combined with other discount codes, promotions or offers in a single order.

• In the event of fraud, abuse, and/or an error affecting the proper operation of this promotion, BY TERRY reserves the right to end or suspend the promotion.

• BY TERRY reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, users shall be deemed to have agreed to any such new or amended terms.

REFER-A-FRIEND PRIZE DRAW

All referrers who submit a valid referral will be entered into a Prize Draw at the end of the month of the referral. Eligible entrants will have the chance to win our Bestseller Set (full sized products, worth £197): 1 Brightening CC Serum, 1 Hyaluronic Hydra-Powder, 1 Baume de Rose Lip Balm, 1 Ombre Blackstar and 1 Lash-Expert Twist Brush Mascara.

Winners for all prize draws will be generated via a randomised number selection process on the first working day of the following month. BY TERRY will attempt to directly contact the winner of each prize during the first week of the following month via email.

The Refer-a-Friend Prize Draw is only open to United Kingdom and France residents aged 18 or over, excluding employees of BY TERRY, their associated companies, agents, third parties or anyone else professionally connected with this scheme. Proof of residence may be required.

By providing us with referral details you will be automatically entered into the Refer a Friend Monthly Prize Draw and you (the “referrer”) agree to be bound by these terms and conditions and those of the Refer A Friend Scheme.

Claimants must agree to these Terms & Conditions in order to be eligible for referral payments and the Refer a Friend Seasonal Prize Draw. Registration with BY TERRY and use of the Refer a Friend page on our website is considered acceptance of these Terms & Conditions.

BY TERRY reserves the right at its absolute discretion to disqualify referrers whom it considers do not comply with these terms and conditions.

All details provided by the referrer will be held by BY TERRY and used in accordance with our terms and conditions and Privacy Policy available at https://www.byterry.com/privac... entering the Refer a Friend scheme and monthly prize draws, the referrer agrees to release BY TERRY from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Refer a Friend scheme or with the acceptance, possession, attendance at or use of any coupon (except death or personal injury caused by BY TERRY’s negligence, for fraud, or otherwise as prohibited by law).

All Competitions

We reserve the right to amend these Terms from time to time.

These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.

By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.

Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.

All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.

All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.

We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.

Entrants are liable for their costs to access computer networks.

We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility .

We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.

Prizes

If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.

Only one prize will be awarded per household.

There will be no cash or other alternative to the prize offered and prizes are not transferable.

Notification

The winner's name will be selected in a random draw, after the closing date, from all correct answers received.

The winner of a prize will be notified within 28 days after the winner has been ascertained.

Please allow 28 days for delivery of all prizes.

If the winner of a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.

For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.

Claiming Prizes

Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.

Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.

Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.

NEW Hyaluronic Serums Drop Game Competition:


Participants will have to catch the Hyaluronic Global Serum & Hyaluronic Eye Serum skincare benefits in the BY TERRY gift bag, scoring over 200 points in 60 seconds. Participants will be entered into a prize draw if they can score 200 within 60 seconds. Participants have three chances to win the game. The prize on offer is a Hyaluronic skincare bundle featuring NEW Hyaluronic Global Serum, NEW Hyaluronic Eye Serum & Hyaluronic Global Face Cream.

Participants will be entered into the prize draw when they play and win the game between 16th January 2023 – 31st January 2023 (11.30pm GMT). One entry per customer. There will be ONE competition winner in total. For use online at https://row.byterry.com/. Not to be combined with any other promotions or discounts. This is a global campaign. Winners will be contacted via email on 1st February 2023 and prize will be redeemable until 5th February 2023 or another winner will be chosen.