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L'ORÉAL HONG KONG BIG BANG

Contest Terms and Conditions

L'Oreal Hong Kong Limited (“L'OREAL HK”) invites technology startups to co-create and co-develop the future of beauty tech with L'ORÉAL! As the city’s first startup challenge for the beauty industry “Big Bang”, L’OREAL HK welcomes all startups that can revolutionize the beauty industry by delivering personalized and tailor-made customer experiences.

If you are interested in participating in this contest, you MUST read carefully, fully understand and agree to the contest terms and conditions contained herein (“Terms”). The Terms specify the terms and conditions in relation to your participating in “L'ORÉAL HONG KONG BIG BANG” (the “Contest”). By signing up for the Contest, you (“You” or the “Contestant”) are deemed to have read, understood and agreed to these Terms, and have agreed to comply with these Terms completely and unconditionally. If you do not accept any condition or term of these Terms, please do not sign up for or submit your entries to the Contest.

If a Contestant fails to comply with any provision of the Terms, L'OREAL HK shall have the right to disqualify its participation and entry, and it will not be entitled to any award and/or compensation (if any).

In addition to the acceptance of these Terms, by submitting an application to the Contest, each Contestant is deemed to have read, understood and agreed to:

(i) the general terms and conditions of the Big Bang Hong Kong website at www.bigbang.loreal.hk (the “Website”) governing the use of the Website (the “General Terms of Use”); and

(ii) L'OREAL HK Privacy Policy, available at www.loreal.com/en/hong-kong-sar/pages/group/privacy-policy-hk/; and

(iii) L'OREAL HK Cookies Policy, available at www.loreal.com/en/hong-kong-sar/pages/group/privacy-policy-hk/.

If the provisions of the General Terms of Use conflict with the provisions of these Terms, these Terms shall prevail.

A. Purpose
L'OREAL HK is launching the Contest as part of its worldwide campaigns to support innovation in the beauty sector. L'OREAL HK wishes to: (i) co-create and co-develop with innovative companies new ideas and concept for the beauty and retail industry; (ii) increase awareness of L'ORÉAL’s beauty tech and innovation in Hong Kong and Macau; and (iii) upskill L'ORÉAL with the latest technology trends.

In addition, L'OREAL HK will support the winning company in co-creating and implementing a selected concept for the benefit of the beauty and retail industry. Winner of the Contest will gain exposure to L'OREAL HK’s advice and fostering in business development as well as other awards as specified in these Terms below.

B. Organizer and others
The Contest is organized by L'Oreal Hong Kong Limited, having its registered office at 35/F., Sun Hung Kai Centre, 30 Harbour Road, Wan Chai, Hong Kong (“L'OREAL HK” or the “Organizer”).

The Hong Kong Science and Technology Parks Corporation (“HKSTP”), and Business France will collaborate with the Organizer on this Contest including to provide support in the marketing, Contestants recruitment and provide mentorship in the business operation of the winning Contestant. C. Participation Qualifications
This Contest will be open to the public and be available to those who meet all the following criteria:

(i) Contestant is duly organised, validly existing, incorporated and registered and in good standing under the laws of its jurisdiction of incorporation or organization which may include Hong Kong, Macau or other jurisdiction;

(ii) Ideally, contestant is a start-up between the “Seed” and the “Series A” stage, and is established no longer than five (5) years from the Contest application submission date;

(iii) timely submission of all application materials as required by L'OREAL HK for the purpose of the Contest (including but not limited to, upon request of the Organizer, the Supporting Documents as defined below under section F(3) below);

(vi) Upon request by L'OREAL HK, the Contestant shall appoint and authorize at least one (1) individual representative over the age of 18 to participate in person from time to time during the Contest including but not limited to participation at on-site Contest or other onsite activities on behalf of the Contestant; and

(vii) Contestant shall have the full right, power and authority to enter into the Contest without limitation, and to comply with the Terms and has the right to grant the rights granted (including but not limited to intellectual property rights) pursuant to the Terms.

The Organizer shall be entitled, at its sole discretion, to determine whether to change the participation qualifications at any time whether before or during the Contest. If a Contestant fails to meet the participation qualifications mentioned above or if there are ethical concerns by the Organizer, the Organizer has the right to disqualify their participation at any time without any liability.

No registration fees is required to participate in the Contest.

Contestant applications will be reviewed and assessed by the reviewing committee of L'ORÉAL on the basis of criteria as set out in these Terms. The composition of the L'ORÉAL reviewing committee is determined by L'OREAL HK at its discretion. L'OREAL HK reserves the right to change the members of the reviewing committee at any time.

D. Judging Criteria and Requirements
Applications will be screened by L’OREAL HK generally according to the below judging criteria. L’OREAL HK jury will select at least one (1) winner (each shall be referred to as the “Winner”) based on the below topic.

Topic: Smart Retail Track: Transforming Consumer Experience

Contestants are expected to present innovative concepts related to in-store consumer journey under this Topic in the following key areas but not limited to:

(i) Bringing the “Domaine de la Rose” Experience to Life

Unleash your creativity and create immersive in-store experiences that bring the “Domaine de la Rose” experience to life. Transport shoppers to our rose garden in Southern France.

ii) Next-Level Product Discovery

Develop ways in product discovery, to deepen customer understanding and help to discover the perfect products within our stores.

iii) Empowering Beauty Advisors and Seamless Shopping

Empower our beauty advisors with cutting-edge solutions that amplify their expertise and supercharge their ability to deliver exceptional service. From optimising store traffic, to creating seamless, enjoyable shopping experiences, the solutions will help share the future of beauty retail.

The Contestant must have capability to provide a functional prototype or minimum variable product (MVP) that can be tested in L'OREAL HK’s environment within six (6) months, and enable its deployment in the business within one (1) year, from the date of application for the Contest.

The Contestant shall desire to grow and take presence in Hong Kong as part of your future plan. The Contestant’s application may still be accepted even if your business has not yet been registered in Hong Kong at the time of submission. However, if you are shortlisted, the Contestant must fully complete its business registration in Hong Kong and provide the relevant incorporation and registration proof to the Organizer by no later than the date of the Award Ceremony.

E. Award
The Winner(s) shall receive the following awards (the” Awards”):

1.Proof-of-concept (PoC) opportunity with L'OREAL HK subject to the Winner(s) and L'OREAL HK signing the Proof-Of-Concept Agreement as provided by L'OREAL HK
2. Mentorship and upskilling tutoring provided by L'OREAL HK’s brand and function for period of up to six (6) months after the Contest
3. Potential investment opportunities from L'OREAL HK (subject to L'Oreal HK’s entire discretion)
4. Potential media exposure upon L'OREAL HK’s prior written approval
5. Trade show exposure
6. Potential opportunity to become L'OREAL HK’s future strategic partner (subject to L'Oreal HK’s entire discretion)
The Awards are subject to the Contestant meeting all Participation Qualifications including all Minimum Application Requirements and providing all application and supporting documentation.

The Awards are personal and exclusive to the Winner(s) and may not be transferred to or used by any person/entity other than themselves. The Winner(s) shall not assign or transfer the rights and obligations derived from the Award to any third party, unless with written prior approval of L'ORÉAL HK.

The Awards does not convey any obligation for L'OREAL HK nor any of its affiliates to commit to nor conclude any agreement with Winner(s) whatsoever nor does it create any business relationship between L'OREAL HK nor any of its affiliates and the Winner(s).

For the avoidance of doubt, neither L'OREAL HK nor any of its affiliates shall be obligated to cooperate or pursue any contracts or any form of engagements with the Winner(s) or any Contestant after the Contest.

F. Agenda of the Contest
The Contest is expected to consist of the following rounds:

1. Online Application

Submission of applications on the Website will commence from 12:00 (HKT) on 3 July 2024 and end on 23:59 (HKT) on 16 August 2024. Please refer to “online application requirements” below.

2. Information Session

L'OREAL HK will arrange an information session for the Contestants at L'OREAL HK’s office. The information session is composed of an introduction, Q&A session and POS tour. Contestants will be informed of the date of the information session via email.

3. First Screening

The reviewing committee from L’OREAL HK shall review and evaluate all qualifying applications and select Contestants to participate in a next-round pitch presentation.

If a selected Contestant is absent from or fails to participate at the pitch presentation, such Contestant will be deemed as withdrawing its application from the Contest. The reviewing committee reserves the right at its sole discretion as to whether or not to select one or more replacing Contestant(s).

The Organizer will notify the selected Contestants at their e-mail addresses as indicated in their applications with the following required documents to be signed by the Contestant, and selected Contestants will then have around two (2) calendar weeks to submit the following documents as may be required by L'Oreal HK (“Supporting Documents”):

(1) certified true copy of Certificate of Incorporation issued by the Companies Registrar of Hong Kong;
(2) certified true copy of the Business Registration Certificate issued by the Inland Revenue Department;
(3) duly signed Image Consent provided by L'Oreal HK;
(4) duly signed Confidentiality Agreement provided by L'Oreal HK;
(5) (If the Contestant is not an entity registered in the Hong Kong) notarised copy of all documents and certification of incorporation and business registration issued by the relevant authority at the jurisdiction of incorporation, and (if any of aforementioned documents are not in the English language) their official English translated copy of the same. Please note that in any event no later than the date of the Award Ceremony, the Contestant must have fully completed registration with the Companies Registrar of Hong Kong incorporated as a Hong Kong registered entity, and shall provide the Certificate of Incorporation issued by the Companies Registrar of Hong Kong to the Organizer; and
(6) any other documents or materials as may be required by L'OREAL HK for purpose of this Contest.
3. Pitch Presentation

The Pitch Presentation event will be held around early September 2024. Selected Contestants from the Pitch Presentation may be asked to provide prototypes or minimum variable products (MVP) to the reviewing committee.

4. Award Ceremony, Proof-of-Concept (PoC) Co-Development and Mentoring

The Organizer will hold an Award Ceremony on or around 5 November 2024, which date will be subject to change at the Organizer’s sole discretion.

The above agenda is provided as an indication only. The Organizer has the right at its sole discretion from time to time and at any time during the Contest to change, adjust, curtail, suspend, postpone, modify any part of, or cancel the organization of, the Contest without any liability or compensation whatsoever to any Contestant or any third party.

Each Contestant represents, warrants and undertakes that all required information and documents submitted for the application at any stage of the Contest (including the applicable Supporting Documents upon request) are provided truthfully and accurately. If L'OREAL HK discovers any inaccurate, false or incomplete information before, during or after the Contest, it shall be entitled to immediately disqualify the Contestant from the Contest or cancel its qualification to receive any Award. If any award has been distributed, the receiver shall return it to the Organizer immediately, otherwise it shall make compensation for the Award. If L'OREAL HK suffers any loss at the same time, it shall be compensated immediately.

The Organizer reserves the right to entrust a third party to investigate or conduct background checks on the Contestant. If any information provided by the Contestant is found to be inaccurate, illegal, etc., the Contestant agrees that the Organizer may cancel, suspend, or terminate its participation qualification at any time, and the Organizer reserves the right to pursue the legal responsibilities of the Contestant. If the Organizer, other Contestant or any third party suffers any loss due to such occasion, the Contestant undertakes to be liable for compensation.

If the Contestant refuses to or does not submit the required documentation as may be requested by the Organizer at any stage of the Contest, the Organizer has the right to disqualify the Contestant from the Contest and from receiving the Awards.

If due to personal reasons or otherwise, the Contestant cannot participate at the Information Session or the Pitch Presentation or any other part of the Contest or meet any other requirements of the Contest, L'OREAL HK has the right in its sole discretion to disqualify the Contestant’s participation in the Contest.

The decision of the L'OREAL HK shall be final. No appeal shall be admitted.

G. Online Application Requirements
To participate in the Contest, Contestants must fill out the online application on the Website after creating an account on the Website. The application form and the requirements for application materials are accessible on the Website. The application must be filled out in English.

Only one application may be filed with respect to a relevant Contestant. In case of multiple applications relating to the same Contestant, only one application will be taken into account and accepted by the Organizer at its sole discretion.

To participate in the Contest, the Contestant must submit complete the online application prior to 23:59 PM (HKT) on 20 July 2024. The submission time shall be based on the time under the Organizer’s server. Any application that is incomplete, submitted late, or that contains false or misleading information, shall be inadmissible, with the Organizer having no obligation to inform the concerned Contestant of this fact, and without the Contestant whose file was discarded being entitled to any indemnification; this is applicable at any stage of the process of the Contest.

Once the application has been completed and in order, the Organizer will send the Contestant a confirmation letter to the e-mail address indicated in the application form. Whether the application is effective depends on the confirmation letter issued by L'OREAL HK.

The applications shall be examined and reviewed by L'OREAL HK who will determine whether to accept the application. The decision of L'OREAL HK shall be final. No appeal shall be admitted.

H. Confidentiality
Contestants undertakes that all application materials submitted to the Contest do not contain any confidential information not belonging to the submitting Contestant. L'OREAL HK is not obliged to keep the application materials submitted by the Contestants confidential (except for any financial data of a Contestant provided in their application).

During the Contest, the Contestants are prohibited from any direct and/or indirect contact with the media for any marketing campaign or promotion, unless otherwise authorized in advance by L'OREAL HK in writing.

The Contestant acknowledges and understands that it knows that L'OREAL HK is developing or will develop, and may obtain from other parties, any materials which may contain information similar or identical to that contained in the deliverables submitted by any Contestant. Therefore, the Contestants agree that it shall not prevent (or make any claims against) L'OREAL HK from obtaining or developing any products, concepts, systems, services or technologies similar to or competitive with the products, concepts, systems or technologies contemplated by the deliverables submitted by any Contestant. For the avoidance of doubt, L'Oreal HK may work with any third parties or entities at any time that are similar to the Contestant, or that provide similar services (or Contest concepts and ideas) without limit.

I. Intellectual Property Rights
Each Contestant represents, warrants and undertakes that all contents of your entry (including any text, photographs, videos, concepts, contents, ideas or any part of the solution or otherwise) submitted on the Website or otherwise to the Organizer:

(i)
must be your original work, unpublished, and must not infringe any ownership, intellectual property rights, personal rights, moral rights, image rights or any other rights of any third party, including but not limited to copyright, trademarks, patents, trade secrets or confidentiality obligations;


(ii)
do not violate any of the provisions of this article; and/or otherwise violate any relevant laws or applicable laws and regulations; and


(iii)
must not involve racism, violence, religious intolerance, bullying, aggressiveness towards others, pornography, indecent or offensive language, any type of criminal activity or other inappropriate or unethical content.


Upon submitting any document, product, materials or deliverable in any form as part of the application at any stage of the Contest (“Work”), each Contestant undertakes and warrants to L'OREAL HK that all intellectual property rights to and in any and all of the Work shall be owned by the Contestant. Each Contestant shall have the full legal right and power to submit such Work to the Contest in compliance with these Terms. Prior to submitting the Work to the Contest, where the Work has incorporated any third-party intellectual property, the Contestant undertakes and warrants that it has been directly and legally (i) assigned with the full ownership and intellectual property rights to and in the Work; and/or (ii) to the extent it is not practicable, obtained all irrevocable and necessary license, consents, releases and/or approvals in writing by all such third party owner to incorporate or otherwise use such elements of the Work for the purpose of the Contest in compliance with the Terms. Each Contestant undertakes to the Organizer that it shall carry out all necessary actions and execute all such document necessary to assist or enable the Organizer to perfect, preserve, register or record its rights in the Work as provided herein, and, if applicable, renew these rights, bearing any costs related to these actions.

Each Contestant shall indemnify the Organizer or any L'ORÉAL group entity from any loss or liability they may incur or suffer arising out of or in relation to a breach by the Contestant of its obligations under this section (I) or any claim of infringement of any intellectual property rights or other proprietary rights, actual or alleged to have occurred because of the submission of the Work by the Contestant or otherwise arising out of the Work submitted by the Contestant.

License to use

By participating in the Contest, each Contestant expressly authorizes L'OREAL HK and any other entity within the L'ORÉAL group, free of charge, on a worldwide basis, to use, publish, broadcast or communicate the name, photos, portrait, recordings, videos or any graphic representation of the Contestant; by any means, on any medium and by any process (including but not limited to television, radio, publicity, publishing, catalogue, brochure, press, annual reports, promotional materials, documents, internet, L'OREAL HK’s or any L'ORÉAL entity’s intranet and social networks such as Sina Weibo, Facebook, Instagram, Twitter, LinkedIn, etc.) in any place of its choice, for the purpose of organizing the Contest, including but not limited to selection and announcement of the Contestants and the Winner(s), communication, publication, marketing and/or promotion of the Contest, or any other matter in relation to or in connection with the Contest.

J. Provision Applicable to the Contest Winner
The Winner(s) will be announced in a press release issued by the Organizer to be made available on the Website and on the Organizer’s company website and/or by any other means as may be determined by the Organizer. For this purpose, the Organizer may decide to have an audiovisual and/or photographic news story, which will be publicly released, produced about the Winner(s), news story for which the Winner(s) undertakes to make it available and to participate in and fully authorizes L'OREAL HK to use them.

K. Personal Data Collection
By entering into this Contest, you agree and consent to the collection, storage, use and transfer of your personal data provided to the Organizer on the Site or otherwise (“Personal Data”) for purpose of the Contest in accordance with the Privacy Policy and Personal Information Collection Statement at https://www.loreal.com/en/hong-kong-sar/pages/group/privacy-policy-hk/#:~:text=We%20only%20share%20your%20personal,conditions%20and%20privacy%20notice%20apply.

L'OREAL HK will use your Personal Data for sending and communicating with you at the contact information you have provided about any information or update regarding or in connection with the Contest or related matters. For more information on how we treat and use your Personal Data, please refer to the Privacy Policy and Personal Information Collection Statement via the link above.

L. Internet
The Organizer is not responsible for any malfunction of the Website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed applications due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections or technical malfunction(s), which may limit a Contestant’s ability to participate.

M. Contestant Independence and Conflict of Interest
Under no circumstances, and by no means, Contestants shall be considered as agents, employees or associates of L'OREAL HK or establishing affiliation with L'OREAL HK. Participation in the Contest does not grant Contestants any authority, title or right to represent themselves as representatives of L'OREAL HK or to act in any way in the name of or on behalf of L'OREAL HK.

The Organizer reserves the right to disqualify Contestants at any time, and, if necessary, to strip the Winner(s), in the event that the terms of these Terms, or the Privacy Policy or the General Terms of Use are not followed; or in the event of behavior that could harm the name and reputation of L'OREAL HK, its directors, administrators, or employees.

N. Liability
Each Contestant acknowledges and agrees that the Organizer shall not be liable in any of the following cases:

(i) for any direct or indirect economic loss, loss of profits and of business, loss of reputation or any other loss of a Contestant in connection with participating in the Contest and/or the event;
(ii) for not having selected a Contestant;
(iii) for any delays in providing the Award to a Contestant;
(iv) if a Contestant is not able to receive the Award at all or may only receive part of it due to circumstances beyond the control of the Organizer;
(v) in the event of cancellation, termination, suspension or modification of the Contest or these Terms;
(vi) for the disqualification of any application or Contestant;
(vii) for any breach of the law by the Contestant;
(viii) for any false or misleading information contained in an application provided by the Contestant;
(ix) for any loss or damage due to the use of the Website;
(x) for any dispute arising from the Contestant and any organization or individual other than the Organizer;
(xi) for any personal or property loss of the Contestant caused by traffic accidents or any other accidents when heading for the onsite Contest or event; and
(xii) in the event that force majeure, or unforeseen circumstances against its will, harm the organization and management of the Contest.
Each Contestant undertakes to be liable for any loss, damage, claim, proceeding, personal injury or death arising out of or in connection with your entry into this Contest. Each Contestant shall indemnify the Organizer and its affiliate(s) from any loss, damage, claim or proceeding they may incur or suffer arising out of or in relation to a breach by the Contestant of these Terms or its entry into this Contest.

Each Contestant undertakes to pay any taxes, levies, social contributions, or any other possible fee of any kind whatsoever, that it may due pursuant to applicable law; and shall indemnify the Organizer from any liability in such regard.

O. Severability of the Clauses
If one of the clauses in these Terms is declared null or unenforceable, in whole or in part, by virtue of any provision of applicable law, such clause shall be considered void, and such nullity or unenforceability shall not affect the other clauses herein.

P. Amendment, Suspension and Termination of Terms
L'OREAL HK reserves the right to unilaterally amend and modify the rules at any time, including amending the duration of the Contest when necessary, without any prior notice to the Contestants with respect to the enforcement and effectiveness of relevant amendments.

Any possible changes made to these Terms shall take into effect at the time they are published online on the Website on the page dedicated to L'OREAL HK. Any Contestant who refuses to accept the modification(s) to these Terms must cease to take part in the Contest process.

The Contestant explicitly waives any claim or dispute in relation to any amendments made by L'OREAL HK to these rules.

L'OREAL HK has the right to, in its own discretion, for any reason, at any time and without legal liability, (i) cancel, terminate, change or suspend this Contest and these rules, and (ii) impose restrictions or limitations on participation in the Contest.

In case of any change, cancellation, or suspension of this Contest, L'OREAL HK will pay no compensation or reimbursement and the Contestants will receive no remuneration or reimbursement.

L'OREAL HK reserves the right of final interpretation of all contents of these Terms.

Q. Governing Law and Dispute Settlement
These Terms, the Contest and all matters and disputes associated therewith shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.

The Contestant and the Organiser irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.

R. Contact information
Any correspondence with the Organizer with respect to the Contest should be addressed to: L'OREAL HK Big Bang Team at [email protected]

S. Language
These Terms are written in the English language and may be available in the Chinese language. In case of discrepancy, the English version shall prevail.