Terms and Conditions
User Generated Content
Sephora Hashtags: @sephorasg, #sephorasg, @thaisephora, #thaisephora, @sephoraaus, #sephoraaus, #sephoraau, @sephoranz, #sephoranz, @sephoraidn, #sephoraidn, @sephoramy, #sephoramy, @sephoraph, #sephoraph, @sephorahk, #sephorahk, #NewAtSephora, #SephoraExclusive, #TrendingatSephora, #SephoraJukebox, #SephoraCollection, #SephoraSinglesDay, #SephoraBestHolidayFeelsEver, #SephoraBlackFriYAAAY, #SephoraCyberMonday, #Sephora1212, #SephoraHolidayMarkdown, #Sephora12DaysofGiftmas or other hashtags used by Sephora to collect content from time to time (“Sephora Related Hashtag(s)”)
Sephora Asia Pte Ltd, Sephora Digital SEA Pte Ltd, and their respective affiliates and/or related entities (collectively “Sephora”, “us”, “we”, “our”) may seek your permission to use photos, videos and other digital materials posted on Instagram, content and/or personal data (“User Generated Content” or “UGC”) on any of our website(s), mobile applications(s), and or social media pages and other digital properties operated by Sephora (“Sephora Platform(s)”).
When you mention and/or tag ‘@sephorasg’ (or another Sephora related Instagram account) (“Sephora Mentions”), or use a hashtag containing ‘Sephora’ or another name, mark or trademark relating to Sephora, including but not limited to, the Sephora Related Hashtag in your UCG, Sephora may seek to obtain your consent to use and feature your UGC on Sephora Platforms.
If you choose to respond to our request with the hashtag, ‘#YesSephora’, you:
(2) grant Sephora the unlimited, non-exclusive, worldwide, royalty-free, assignable, sub-licensable, perpetual, transferable right to reproduce, alter, edit, reformat, publish, broadcast, transmit, distribute, create derivative works of, combine with other materials, and otherwise use your UGC together with your social media handle, social media user name, profile picture, caption, location information and any other information that is associated with your UGC that you have tagged with any of the Sephora Related Hashtag(s) and/or Sephora Mention(s) in any media, including but not limited to, on Sephora Platforms, retailer sites, third party sites and in stores for use by Sephora in connection with its customer-related activities including but not limited to marketing and/or advertising purpose (“Sephora Services”);
(3) grant Sephora the right to use your username, social media handle, real name, image, likeness and/or any other identifying information in connection with any use of your UGC at Sephora’s sole and absolute discretion;
(4) acknowledge that Sephora has no obligation to use your UGC; and
Permitted Use of User Generated Content: Sephora uses third-party providers to facilitate the collection and uploading of UGC to Sephora Platforms that you have tagged with Sephora Related Hashtag(s) and/or Sephora Mention(s). Sephora may use other third-party providers in connection with providing the Sephora Services.
You confirm and agree that:
(1) that you are at least 18 years of age and are legally permitted to provide consent for the UGC;
(2) you are responsible for any UGC that you submit, upload, post or otherwise provide or make available to Sephora or its affiliated entities;
(3) you own (or control) all rights in, and to, your UGC. In the instance your UGC includes elements belonging to a third-party or any other person(s) appearing in the UGC, you warrant that you have obtained all the necessary consents from the relevant third party and certify that your UGC and Sephora’s use of it will not infringe, misappropriate and/or violate the rights of any third parties, including, but not limited to, patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights, confidentiality and any other intellectual property or proprietary rights;
(4) Your UGC does not contain any false or misleading representations or endorsements, nor does your UGC contain any offensive, unlawful or obscene material;
(5) these Terms and the rights granted within the Terms do not conflict with, or breach any other agreement or obligation you have regarding your UGC or Sephora’s use of your UGC;
(6) your UGC may be the subject of viral marketing with, or without, credit to you, and Sephora will not be liable for any claim or action in this regard;
(7) Sephora will not pay you for the use of your UGC and/or for any intellectual property rights connected with your UGC;
(8) you will not hold Sephora, or any person acting on Sephora’s behalf, responsible or liable for any claims or demands in connection with the use of your UGC; (9) you agree that if Sephora uses your UGC, you will have no right of approval before the use of your UGC; you and all other person(s) appearing in your UGC are not under 16 years of age; and
(10) you further represent and warrant that your UGC complies with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
You acknowledge that Sephora has reasonably relied on the above representations made in relation to your UGC and that you shall be responsible for and will indemnify and hold Sephora harmless against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your UGC. Sephora shall not be responsible or liable for the use of your UGC. To the fullest extent permitted by law, Sephora disclaims all warranties, express or implied in relation to this arrangement and does not make any warranties or representations regarding the use of your UGC with regard to their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Sephora reserves the right to change, alter or amend any and all UGC at any time without notice.
Sephora may refuse to use, delete or remove your UGC after the UGC is used and/or shared by Sephora on Sephora Platforms, retailer sites, third party sites and in stores. If you change your mind about sharing your UGC, or you do not want Sephora to contact you about your UGC again, please send us an opt out request by emailing email@example.com and provide the following information: your name, email address, content origin, social platform, user handle, and User Generated Content description.
Sephora reserves the right to alter these Terms from time to time without prior warning.
If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sephora’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of the Republic of Singapore, without giving effect to any principles of conflict of laws. You agree that the courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.