Terms and Conditions for the Everyday Skin Campaign | UGC Competition Promotion by Everyday by frank body

Three winners will be selected from Kairo Calvitto’s TikTok account (@kairocalvitto) upon completing competition mechanism rules. Each winner will be invited to attend a professional photoshoot [Sydney or Melbourne pending photographer] hosted by frank body. The photoshoot will promote 4 new face products. 

By participating in the promotion, entrants acknowledge that they have read and understood these Terms and Conditions; and agree to be bound by them. Entries must be submitted in accordance with these Terms and Conditions to be valid.

Everyday Skin Campaign

The promoter is frank body, registered office: Level 1/569 Church Street, RICHMOND, VIC, 3121 ( ‘Us’, ‘We’ and ‘Our’). We will facilitate the fulfillment and management of the winners. The promotion commences on [23/06/2023] at [5.00] pm AEST and entries close on [05/07/2023] at [11:59] pm AEST (Promotional Period), winners selected on [06/07/2023] and announced on [07/07/2023].

This competition is open to legal residents of Australia only. 

Employees of frank body or any associated company and their immediate family, or anyone else involved in the organisation of this competition may not enter.

How to enter

To enter, entrants must enter via the below method:

Enter on Kairo Calvitto’s TikTok platform (@kairocalvitto) by submitting the following entry form requirements: duet Kairo’s video and tell the audience about your skincare journey. Tag #everydaybyfrankbody and @everyday_byfrankbody. All entrants must be 18 years of age or older to participate. Entries must be made between 5:00pm AEST on 23.06.2023 and 11:59pm AEST on 05.07.2023.

Three winners will be selected from Kairo Calvitto’s TikTok account (@kairocalvitto) upon completing competition mechanism rules. Winners will be selected on 06.07.2023 and will be notified via social media within 72 hours. Only legal residents of Australia who are 18 or older may participate.

All entrants (including the winner(s)) must comply with any reasonable directions given to them by frank body in connection with the competition. Failure to comply with such directions may result in an invalid entry and/or withdrawal of the giveaway funds. 

Winner selection and contact

The competition is a game of skill. Everyday by frank body to select finalists based on a complete entry. A complete entry consists of: submission of a duet of Kairo’s video that consists of skincare journey message. Tag #everydaybyfrankbody and @everyday_byfrankbody. Everyday by frank body reserves the right to select final winners.

The winners will be notified by TikTok (unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8) by and will have their names published in on frank body’s social pages. The Promoter may announce the name of the winner on TikTok (@kairocalvitto).

The decision will be final. Everyday by frank body and Kairo Calvitto will request from the winners further details (full name and email address), and once these details have been provided, frank body will provide further details regarding the photoshoot via email. If the winner fails to provide their details within 7 days of email send out:

Make further attempts to contact that winner.

If the prize is declined by the winner or is withdrawn from a winner by Everyday by frank body, we may offer the prize to a new winner. The winner will have 72 hours to respond and accept their prize. After which time their entry becomes invalid.

Details of the winners (full name and email address) must be correctly entered on TikTok (@kairocalvitto) page to be eligible for this competition. If the winner fails to provide correct details, the winner will be withdrawn from the competition.

Prize

Attend professional photoshoot based on successfully completing the entry mechanism (game of skill). frank body will cover flights and accommodation. 

frank body reserves the right to request winners to provide proof of identity, proof of residency for shipment, and/or proof of entry validity in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at frank body’s discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. 

Winner publicity

Everyday by frank body and Kairo Calvitto reserve the right to publish the winner’s name and entry on: Everyday by frank body, Kairo Calvitto and frank body official social media accounts, including TikTok, Instagram and Facebook and on its website found at staging.frankbody.com. By entering the competition, you agree to your entry being published in accordance with these terms, and to take part in and cooperate fully with all reasonable publicity accompanying or resulting from this competition without further recompense.

Entry requirements

Any entry that is deemed by Everyday by frank body and Kairo Calvitto, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the competition or frank body brand into disrepute will be excluded from the competition and frank body reserves the right to take any further action in respect of such entry that it deems appropriate.

Use and display of entries and copyright

The copyright subsisting in the entry must belong to the entrant. Entrants will retain copyright in the entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their entries. If an entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.

By submitting an entry

You:

1. License and grant frank body, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the frank body website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;

2. Waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;

3. Acknowledge that third parties will have access to and will be able to republish your entry in accordance with the terms of use of the social media platform through which your entry is submitted.

Liability

Except for death or personal injury caused by negligence of frank body or its agents or representatives or for fraud or fraudulent misrepresentation, neither frank body, nor its agents or representatives assume responsibility for:

any prize money that is not redeemed;

any personal property;

any loss of enjoyment or wasted expenditure;

any system failures or malfunctions of any third party websites;

any incomplete, lost, delayed or late Entries;

any failure to fulfil obligations of any third parties involved in this Prize Draw;

any fault, malfunction, damage, loss or disappointment suffered by the participants in the competition however arising from participating in the competition;

any communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this competition;

inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;

any injury or damage to a participant which may be related to or arising from the competition or the prize money;

if for any reason the competition or any website in connection with the competition is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or any other matter outside of their reasonable control.

Nothing in these Terms and Conditions affects your statutory rights. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.

The winner agrees to indemnify and keep indemnified frank body, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from their entry into this competition; and/or their receipt and use of any prize money.

General

The Promoter reserves the right to cancel or amend the competition or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the competition or these Terms and Conditions will be announced by frank body through its Instagram account, and will be subject to legislative approval. By entering the competition you accept these Terms and Conditions as in force at the time you submit your entry. Any person who provides their details to frank body in connection with this competition accepts:

these Terms and Conditions; and

the use of their personal data by frank body.

For the purpose of administration of the competition (including publishing the name of the winner and any administration relating to the prize money); and any other purpose for which they have consented.

The use of any personal data by frank body shall be in accordance with our Privacy Policy which can be found on our website. Frank Body reserves the right to exclude any entry from the competition if it deems it to be ineligible or otherwise invalid and frank body shall have complete discretion in this respect. No responsibility can be accepted for lost entries or incomplete entries. Proof of entry is not proof of receipt. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of frank body. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Privacy Policy

Section 1 — Introduction

Frank Body recognises the importance of safeguarding your information. This Privacy Statement therefore sets out how we use your information and the steps we take to ensure your privacy remains protected.

Frank Body offers Australian-made, coffee-based skincare products sold online and through a number of global retailers. Our company is registered as SNDR Pty Ltd trading as Frank Body, Level 1, 569 Church Street, Richmond, VIC, 3121, Australia.

This Privacy Statement applies to personal information from individuals in the European Union (under GDPR regulation) and all other global customers collected, processed, disclosed and stored (collectively “used”) by Frank Body.

If you have any queries or requests regarding this Statement or our use of your personal information, do not hesitate to contact us using the details set out below.

Section 2 — How Do we Collect Your Information?

As you interact with us, we will collect your information in several ways. Often you will provide this information directly to us, but in other cases it might be collected automatically through technical means such as Cookies.

If you contact us through our website, by email, by social media  or purchase items from our store, we will collect the following information in order to provide the contract to you and respond to any queries:

• Your name
• Your postal address
• Your email address
• Order details.
• Financial or payment information such as your card details if a purchase has been made.

We collect the following information about you automatically, through technical means such as Cookies, when you browse our store:

• Internet protocol (IP) address
• Country geolocation using IP address
• Browsing data linked to Google Analytics.

See section 7 below for more details.

Section 3 – What do we do with your information?

We will use the information we collect about you in a variety of ways. For example, we will use it to fulfil your orders, to analyse and improve how our business and websites work, and, where we have your consent, to provide you marketing updates. We will never sell your information to any third party, and we only use your information when we have a lawful basis for doing so.

To fulfil our obligations to you or enable us to enter a contract:

• We will collect your personal details, contact information and address so that we can process and fulfil your orders.

Where we have your consent:

• We will periodically send emails to the address you provide so that you can find out more about our store, new products and other updates. If you want to withdraw this consent you can do so at any time – for more information see the Your Rights section.

Where we have a legal obligation to do so:

• We are required to keep certain financial records for financial reporting and accounting purposes.

Where we have a legitimate interest in using your information (and this information is not overridden by your own rights as an individual:

• We will use the information automatically collected about you through technical means such as Cookies to analyse how visitors use our website so that we can understand how visitors engage with Frank Body and improve how our website works.
• We also keep a record of transactions and correspond so that we can bring claims or defend ourselves in the event of a legal claim or complaint.

You can find out more about how Frank Body’s interests are balanced with your own rights and interests by getting in contact with us using the details set out below.

SECTION 4 – How will your information be shared?

We will share the information we collect about you with our service providers to the extent necessary for purposes outlined above. We may disclose your personal information if required to do so by law or if you violate our Terms of Service.

Sharing your information with Shopify:

• Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
• Shopify therefore hosts the data we collect about you.
• Your data is stored through Shopify’s data storage, databases and the general Shopify application, on a secure server behind a firewall. Your data will be stored in Shopify’s servers in the USA.
• If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).
• Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

Sharing your information with other third parties:

Where Frank Body uses third party service providers, we may disclose to them your personal information – but they will only use your information to the extent necessary to allow them to perform the services on our behalf.

Frank Body will share your information with the following categories of service providers:

• Third parties providing payment gateways
• Third parties who process payments or transactions on our behalf
• MaxMind: MaxMind provides IP intelligence through the GeoIP brand. Over 5,000 companies use GeoIP data to locate their Internet visitors and show them relevant content and ads, perform analytics, enforce digital rights, and efficiently route Internet traffic.
• Google AdWords: Google AdWords is an online advertising service developed by Google, where advertisers pay to display brief advertising copy, product listings, and video content within the Google ad network to web users. Google AdWords’ system is based partly on cookies and partly on keywords determined by advertisers. Google uses these characteristics to place advertising copy on pages where they think it might be relevant. Advertisers pay when users divert their browsing to click on the advertising copy. Partner websites receive a portion of the generated income.
• Google Analytics: Google Analytics is a freemium web analytics service offered by Google that tracks and reports website traffic. Google launched the service in November 2005 after acquiring Urchin. Google Analytics is now the most widely used web analytics service on the Internet.
• Facebook: Facebook is an American online social media and social networking service company based in Menlo Park, California. Its website was launched on February 4, 2004, by Mark Zuckerberg, along with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin Moskovitz, and Chris Hughes.
• Salesforce: Salesforce.com, Inc. is an American cloud computing company headquartered in San Francisco, California. Though its revenue comes from a customer relationship management product, Salesforce also sells commercial applications of social networking through acquisition and internal development.
• NextBee: NextBee is a word-of-mouth marketing platform which was built by identifying and fitting together those pieces of the technological puzzle which are absolutely essential to the success of promotional campaigns. Nextbee is used to facilitate the frank body loyalty program, Hotel Pink.
• Yotpo; Using Yotpo’s complete platform, we use this to collect customer reviews and visual marketing posts to display on site to show product benefits. Yotpo is based in the United States.
• LiveChat: LiveChat is an offline customer service software with live support, help desk software, and web analytics capabilities. It was first launched in 2002 and is currently developed and offered in a SaaS business model by LiveChat Software.
• Commission Factory: Commission Factory is an affiliate marketing network based in Sydney, NSW Australia. Commission Factory has three client sets that it services within the Performance-based advertising space, such as the Affiliate, Merchant and Agencies
• SnapChat: Snapchat is a multimedia messaging app popular around the world created by Evan Spiegel, Bobby Murphy, and Reggie Brown,former students at Stanford University, and developed by Snap Inc., originally Snapchat Inc. Its a social media platform that allows customers to share stories
• Shopify: Shopify is a Canadian e-commerce company headquartered in Ottawa, Ontario. It is also the name of its proprietary e-commerce platform for online stores and retail point-of-sale systems.

Other circumstances in which we may share your information:

• From time to time we may need to disclose your information to law enforcement agencies or regulators.
• In addition, we may need to disclose your information if you violate our Terms of Service.
• If our store is acquired or merged with another company, your information may be shared with the new owners so that we may continue to sell products to you.

Frank Body takes steps to ensure that the third parties we engage to provide services to us on our behalf use your data in accordance with this Statement.

Such third parties may be located outside the European Economic Area (“EEA”) and to the extent that this is the case, the following Section 5 will apply.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Statement or our website’s Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 5 – International Transfer

Frank Body may transfer your information outside the EEA, to locations in which data protection standards are less strict. When doing this, we will take steps to ensure that your information remains protected in line with this Statement.

The internet is a global environment and in practice it is not at all unusual for information to be transferred internationally – for example if the servers used to host your information are located abroad. If we transfer personal information outside the EEA (for example to our parent company in Australia) we will adhere to certain safeguards approved under data protection laws. If you wish to find out more or to obtain a copy of the safeguards put in place to protect your privacy, please contact us using the details set out below.

Section 6 – Security

To protect your personal information, we take put in place appropriate technological and organisational measures and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 7 – Cookies

We do use cookies and similar technologies on our site. Details can be found in our Cookie Policy.

Section 8 – Children

Our site is not directed at those under the age of 16 and customers must have credit or debit cards to make purchases.

Section 9 – Automated decision-making

We do not undertake an automated decision making.

Section 10 – Data Retention

Frank Body will keep your information only for as long as is reasonably necessary for the purposes set out in this Statement and to fulfil our legal obligations. Where you are a customer this is usually at least for as long as you remain a customer, to be able meet our legal and contractual obligations to you, and if necessary, to resolve any disputes.

We only retain your information for as long as is necessary for us to use your information as described above or to comply with our legal obligations. However, please be advised that we may retain some of your information after you cease to use our services, for instance if this is necessary to meet our legal obligations, such as retaining the information for tax and accounting purposes.

When determining the relevant retention periods, we will take into account factors including:

• our contractual obligations and rights in relation to the information involved;
• legal obligation(s) under applicable law to retain data for a certain period of time;
• statute of limitations under applicable law(s);
• (potential) disputes; and
• guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information once this is no longer needed.

For further information on how long your information shall be retained by Frank Body, please get in touch with us using the details set out below.

Section 11 – Your Rights

Subject to certain conditions, you will, by law, be able to exercise certain rights in respect of your information. Further information about your rights can be obtained from your national data protection authority – which in the UK is the Information Commisioner’s Office. You can exercise these rights by contacting us using the details set out below. In almost all circumstances these rights will be free to exercise, although if requests are made on a repeated or manifestly unfounded basis we may charge a reasonable administrative fee.

The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Statement.

The right of access. You have the right to obtain access to your information (if we’re processing it), and certain other information (similar to that provided in this Statement).

The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by getting in contact with us.

The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information that we hold.

The right to object to processing. You have the right to object to certain types of processing, and you can exercise this right by contacting us using the details set out below.

The right to restrict processing. You have right to ‘block’ or supress further use of your information. When processing is restricted, we can still store your information, but will not use it further.

The right to data portability. You have rights to obtain and reuse your information for your own purposes across different services. If this right is applicable, we will provide you with an accessible copy of your information so that you can use a similar service elsewhere.

The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with your national data protection regulator.

The right to withdraw consent. If we rely on your consent as our lawful basis for processing your information, you may withdraw your consent at any time. However, doing so will not make unlawful the actions we have taken with your personal data while we had your active consent. You can withdraw your consent to the processing of your information at any time by contacting us using the contact details set out below.

Section 12 – Contact information

If you would like to exercise Your Rights, register a complaint, or simply want more information about this Privacy Statement or how we use your data, please get in touch with us using the details below.

You can email our Privacy Compliance Officer at;

usa@frankbody.com

Or you can get in contact by mail at:

Frank Body

[Re: Privacy Compliance Officer]

Level 1, 569 Church Street, Richmond, VIC, 3121, Australia

Section 13 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy and will post any changes on our site.

If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Section 14 – Klarna use (US, UK, EU only)

TERMS

Competitions & Sales.

Winners of any competitions run will be announced via email and/or on social media and contacted via email if email has been supplied. By entering into a competition where your name and/or email address is provided, you are consenting to your name being used via our channels for the sole purpose of announcing you as the winner of the competition.

Communications.

When signing up with any of frank body membership platforms, you consent to frank body using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.

Transactions.

By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and frank body with respect to the supply of the Goods in accordance with these Terms. By placing an Order, the Customer is acknowledging agreement and understanding of all policies, including shipping, return and any other policies that may apply once an Order is placed. It is the responsibility of the Customer to inform themselves of any and all policies before placing an Order.

All Orders are subject to availability of the Goods and confirmation of the correct Order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (for example COVID-19) for which frank body will not be responsible. The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.

In order to contract with frank body the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to frank body. frank body reserves the right to accept or reject an Order for any reason at any time. When placing an Order the Customer undertakes that all details that are provided to frank body are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

frank body reserves the right to hold and/or refuse an order pending credit card verification. Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. Further, frank body can refuse any amendment or cancellation of an order at any time.

Price.

The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee. frank body reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer. Where there is a technical error, frank reserves the right to amend this error and cancel any order impacting by this pricing error. In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

Delivery.

Any period or date for delivery of Goods stated by frank body is intended as an estimate only and is not a contractual commitment. frank body will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date. frank body reserves the right to amend delivery methods without notice.