Holiday Terms and Privacy

The INKEY List –  Holiday Campaign Terms and Privacy Policy

This campaign (the “INKEY Holiday Campaign”) is run by The INKEY List, a brand owned by Brand Evangelists for Beauty Limited with registered company number 10787576 and registered office address at Nightingale House, 46-48 East Street, Epsom, Surrey, KT17 1HQ (“INKEY”, “we”, “us”).

Campaign Terms

  1. Eligibility for the INKEY Holiday Campaign
    • You must be over 16 to enter the INKEY Holiday Campaign. If you are under 16 you will be asked to provide written consent from a parent, carer or guardian.
    • There are no geographical restrictions so you may enter from wherever you are located.
    • In order to enter the INKEY Holiday Campaign you must have used INKEY products.
  2. Promotional period

You may submit your stories from 01:00 BST on 2 October 2020 to 23:59 BST on 16 October 2020. Successful entrants will be contracted by 18:00 GBT on 21 October 2020. If you have not heard from us by that time, you have not been selected to take part in the INKEY Holiday Campaign.

  1. Entry Instructions
    • In order to submit your story you will require access to the Internet and the following website – theinkeylist.com/pages/inkey-holiday (the “Campaign Website”)
    • Once on the Campaign Website, you will be required to provide the information set out below if you wish to enter the INKEY Holiday Campaign. More information about the ways in which we process your personal data is set out in the “Privacy Information” section below:
      • full name;
      • country location;
      • email address;
      • age;
      • gender;
      • Instagram handle;
      • the name of and connection to the individual you have passed your skincare knowledge on to and whether the individual will be willing to participate in the INKEY Holiday Campaign. We will also require a photo of the individual;
      • your availability for participating in the INKEY Holiday Campaign;
      • a photo of you; and
      • your story (which must be 500 words or less). The story must describe how you have shared knowledge with another person relating to INKEY products or services.
    • Stories must not include any of the following:
      • swear words or words which are, in the reasonable opinion of INKEY, likely to offend;
      • words that are likely to negatively reflect on the name, reputation or goodwill of any brand or person;
      • anything politically motivated; or
      • any name which infringes the intellectual property of any third party.
    • Any stories which are submitted and include any of the information set out at sections 3.3.1 to 3.3.4 above will be disregarded.
  2. Selection Process and Judging Criteria

INKEY will select the finalists based on the quality and relevance of their story and the extent to which their story details the passing on of knowledge about an INKEY product. An INKEY team member will also conduct a 30 minute screening interview of successful entrants prior to determining whether or not to feature the entrant in the INKEY Holiday Campaign.

  1. Successful Entrants
    • If INKEY determines that one or more entrants will be featured in the INKEY Holiday Campaign, the successful entrants will be notified via email and phone by an INKEY representative.
    • Up to 14 entrants (7 pairs) will be selected globally.
    • The successful entrants will need to be available between 08:00 GBT on 19 October and 18:00 GBT on 26 October 2020 to either:
      • visit a location specified by INKEY to film content for the INKEY Holiday Campaign for a minimum of 4 hours and a maximum of 6 hours. All participants under 18 will need to be accompanied by an adult; or
      • film the content themselves based on an approved script and brief provided by INKEY and submit the content in the required deliverable format from their own devices.
    • If you are contacted in accordance with section 5.1 above, you will be required to confirm within 24 hours whether you agree to participate in the INKEY Holiday Campaign, unless INKEY agrees otherwise.
    • If you are required to travel to a filming location in accordance with section 5.3.1 above, INKEY will reimburse your travel expenses up to a maximum of £100 (one hundred pounds sterling).
    • You must not notify anybody that you have been selected for the INKEY Holiday Campaign until INKEY confirms you are entitled to do so.
    • Although INKEY respects freedom of speech, prior to entering the INKEY Holiday Campaign, those selected as successful entrants must not have uttered, posted, published or caused to be published by way of press, radio, television or any social medium, any comments that may discredit or damage the reputation of INKEY or INKEY products or services or be in breach of the rules of the relevant media. Successful entrants must not take any such action throughout the duration of the INKEY Holiday Campaign. If INKEY, in its absolute discretion, decides that a successful entrant has breached these criteria, that entrant’s entitlement to be selected or announced as a successful entrant may be cancelled and a substitute entrant chosen.
  2. Intellectual Property
    • All entries and any accompanying material submitted to INKEY will become the property of INKEY on receipt and will not be returned.
    • By submitting your entry and any accompanying material you agree to:
      • assign to INKEY all your intellectual property rights with full title guarantee; and
      • waive all moral rights,

in relation to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

  • You agree that INKEY may, but is not required to, make your entry available on its website and any other media, whether now known or invented in the future, and in connection with the publicity of the INKEY Holiday Campaign. You agree to grant INKEY a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in your entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.
  1. Privacy Information
    • Information about who processes your personal data
      • INKEY is the data controller of the personal data you provide for the purposes of the INKEY Holiday Campaign.
      • The personal information that will be collected by INKEY is detailed in section 3.2 of these terms. The information set out in this section 7 applies to entrants and to individuals who are named in the entries as a person to whom the entrant has passed their knowledge of INKEY products.
      • When we process your personal data we comply with the General Data Protection Regulation 2016 (“GDPR”) and the Data Protection Act 2018, which supplements GDPR in the UK (the “DPA). The DPA and GDPR are together referred to in this notice as the “Data Protection Laws”.
      • The contact details of INKEY are set out at the end of this document.
    • Why we process your personal data
      • Everything we do with your personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We comply with the Data Protection Laws to make sure that your information is properly protected and used appropriately.
      • We process your personal data for the purposes of running the INKEY Holiday Campaign including receiving and reviewing the entries and, if appropriate, selecting successful entrants in accordance with the terms set out above.
      • We may also process your personal data to respond to any queries or comments you submit to us by any medium.
      • We process your personal data on the grounds of our legitimate interests in running the INKEY Holiday Campaign and reviewing the entry submitted to us and responding to any queries or dealing with any issues that arise in relation to the INKEY Holiday Campaign.
      • INKEY may also send you marketing information if you have consented to them doing so.
    • Who will receive your personal data
      • We transfer or make your personal data available to third parties only to the extent necessary to run the INKEY Holiday Campaign. Third parties who may access your personal data are limited to:
        • Typeform SL, a Spanish entity with registered address at Carrer Bac de Road, 163, local, 0818 – Barcelona and C.I.F (Spanish tax identification number) B65831836 (“Typeform”). Entries to the INKEY Holiday Campaign are submitted via a platform developed and provided by Typeform. Typeform will only have access to your personal data to the extent necessary to enable Typeform to provide website development and associated technical services to us; and
        • Intermarketing Agency Limited with registered company number 02244383 and registered office address c/o Legalinx Limited Tallis House, 2 Tallis Street, Temple, London EC4Y 0AB (“IMA”). IMA has worked with Typeform to set up the account and platform through which we run the INKEY Holiday Campaign and may have access to your personal data to the extent necessary to provide administrative and marketing services to INKEY in relation to the INKEY Holiday Campaign.
      • No other third parties will have access to your personal data.
      • Your personal data is not transferred outside of the EEA.
    • How long will we keep your personal data?
      • Subject to section 7.4.2 below, your personal data is retained by INKEY for no more than 3 months from the date your entry, or the entry in which you are named, is submitted. It is retained for this period to enable INKEY to run the INKEY Holiday Campaign.
      • If you have consented to INKEY sending marketing communications to you, INKEY will retain your data for no longer than 12 months from the date in which your entry is submitted. We will contact you towards the end of that 12 month period to check if you are still happy to receive marketing communications from us. If you decide to opt out of marketing communications, or we do not hear from you, we will no longer send marketing to you and will delete your information.
      • Your information will be kept securely at all times. Following the end of the retention period set out above, the information we hold about you will be permanently deleted or destroyed.
    • What are your rights?
      • You benefit from a number of rights in respect of the personal data we hold about you. We have summarised your rights below, and more information is available from the Information Commissioner’s Office website (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/). These rights apply for the period in which we process your data. Those rights include:
        • access to your personal data and confirmation of the personal data we process about you;
        • rectification of your personal data if you believe the information we hold about you is inaccurate or incomplete;
        • the right to be forgotten i.e. for us to delete personal data we hold about you;
        • the right to ask us to restrict the processing we carry out in respect of your personal data;
        • the right to data potability i.e. to ask us to provide your personal data in a structured, commonly used and machine readable format; and
        • the right to object to us processing your personal data.
      • Please note the rights set out above do not apply in every circumstance and there are caveats to those rights which are explained on the Information Commissioner’s Office website.
      • We do not carry out any automated decision making about you.
    • Your right to complain about our processing

If you think we have processed your personal data unlawfully or that we have not complied with GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website - https://ico.org.uk/concerns/.

  • Any questions?

If you have any questions or would like more information about the ways in which we process your data, please contact INKEY on help@theinkeylist.com.

  • General Terms
    • Insofar as is permitted by law, INKEY, their agents and/or distributors will not in any circumstances be responsible or liable to compensate the entrants or liability for any loss, damage, personal injury or death occurring as a result of participating in the INKEY Holiday Campaign except where it is caused by the negligence of INKEY, its agents or distributors or that of their employees. Your statutory rights are not affected.
    • Participation in the INKEY Holiday Campaign is not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation in whole or in part.
    • If for any reason any aspect of the INKEY Holiday Campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, malware incident, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of INKEY which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, INKEY may in its sole discretion cancel, terminate, modify or suspend the campaign or invalidate any affected entries.
    • If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
    • These terms and conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.

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