Estée Lauder Terms and Conditions

Terms and Conditions of Estée Lauder Referral Program

Effective Date: August 1, 2024

These Estée Lauder Hong Kong Refer-a-Friend Program Terms (the “Terms”) govern your participation in the Estée Lauder Hong Kong Refer-a-Friend Program (the “Program”) offered by Estee Lauder (Hong Kong) Limited (“Estée Lauder”, “we”, “us” or “our”). Please read them carefully. By participating in the Program, you are agreeing to these Terms, Estée Lauder’s Terms and Conditions and Estée Lauder’s Privacy Policy.

Estee Lauder (Hong Kong) Limited is a private company registered in Hong Kong with business registration number 03627396 whose registered address is at 33rd Floor, Tower 2, The Gateway, Harbour City, Kowloon, Hong Kong.

This Program is only valid for residents of Hong Kong who are at least eighteen (18) years old. Individuals who are employed by Estée Lauder or any of its subsidiaries, affiliates or promotional agencies are not eligible to participate in the Program – either as an Advocate or Friend (each as defined below).

Refer-A-Friend Program: Estée Lauder customers can refer their eligible friends, family members or colleagues (each, a “Friend”) to make a purchase on Estée Lauder’s website (https://www.esteelauder.com.hk/en-hk/) (the “Online”). Once a customer makes a referral, he/she becomes an “Advocate” and will be provided with a unique referral link (“Referral Link”) that allows him/her to receive the benefit or reward referred to in the ‘Rewards’ section of these Terms or as otherwise advertised Online.

Referred Friends must complete the referral steps as described in the referral message. To be eligible for the Program, the Friend must be a new customer who does not have an Estée Club account nor make any online purchase via non-member purchase with email address provided for the Program..

Subject to the Conditions below, each Advocate may send Referral Links to a maximum of 100 Friends throughout the Program and 3 Friends per day. Advocates cannot refer themselves or create multiple, fictitious, or fake accounts with Estée Lauder or participate in the Program as a “Friend”.

Any time that an Advocate posts, shares or sends their Referral Link, he/she must clearly explain that the Advocate may earn an incentive which would take the form of a discount on a future eligible purchase at the Online if the Friend’s purchase is made within thirty (30) days using their Referral Link (the “Incentive”). INFORMING FRIENDS THAT ADVOCATES EARN AN INCENTIVE IS A LEGAL REQUIREMENT. Failure of an Advocate to comply may result in losing the Incentive and may be a violation of laws.

Advocates can use either their own wording or the default language provided on the online form to share their Referral Link. Advocates may not attempt to make referrals by sending unsolicited e-mails, by posting on social media in a manner that violates the terms of use of those sites, or otherwise by providing false information.

Rewards: Subject to the Conditions below, for each Friend that completes an eligible purchase via Online directly through an Advocate’s Referral Link within thirty (30) days from Advocate’s sharing of their Referral Link, the Advocate will receive an Incentive of HK$200 off an online purchase of HK$1,000 or more (excluding shipping costs) Online and the Friend will receive an Incentive of HK$200 off an online purchase of HK$1,000 or more (excluding shipping costs) Online .

Conditions:

A Friend can only earn a Friend’s Incentive once in total throughout the entirety of the Program.
The Advocate may only earn the Advocate’s Incentive a maximum of 25 times per year (with a year to be calculated on a rolling basis starting from the date the Advocate signed up to the Program, until the 12-month anniversary of such sign up date).
The Advocate may only earn the Advocate’s Incentive a maximum of 100 times in total throughout the entirety of the Program.
If a Friend tries to redeem multiple Referrals: We will only honour the first Referral Link through which a Friend completes an eligible purchase via Online, which is accepted and processed by us. If multiple Advocates have referred the same Friend and the Friend has activated multiple Referral Links, only one Advocate will be entitled to receive their Incentive and the Friend will only receive one Incentive throughout the entirety of the Program. The Incentive will only be applied to the Advocate of the first Referral Link through which the Friend purchased his/her first eligible Estée Lauder purchase. All other referrals will automatically be invalidated.
Any Incentive not redeemed within thirty (30) days after being applied to Advocate or Friend will automatically expire.
The Incentive cannot be transferred, exchanged for any cash or money, or sold.
The Incentive may not be (i) combined with other offers, discounts, referrals, or gift cards; (ii) sold or transferred; (iii) redeemed for cash (iv) used to purchase gift cards, e-gift cards, gift sets, custom gifts or trial-sizes.

Any applicable tax liabilities resulting from Incentives earned under the Program are the responsibility of Advocate or Friend.

Referral Links are for individual, personal use only and may not be used for commercial purposes (for the avoidance of doubt, commercial purposes include, but are not limited to, affiliate lead generation and bidding on search keywords for the Program).

Program Communications: By participating in the Program, Advocates will be automatically subscribed to receive Program related communications and may receive e-mails about this Program, including an e-mail when a Friend makes an eligible purchase using their Referral Link. You will be subscribed to receive marketing communications related to Estée Lauder and the Program, only after you have indicated your consent to receive marketing information and only through the channels to which you have consented.

Privacy: The personal information collected, processed and used as part of the Program will be used in accordance with the Estée Lauder Privacy Policy available at https://www.esteelauder.com.hk/en-hk/privacy. You may opt-out of receiving marketing information or Program-related messages at any time by following the instructions provided in such communications and as otherwise provided in the Estée Lauder Hong Kong Privacy Policy, but operational communications will still be sent to you as they relate to your participation in the Program.

Information about Friends: By participating in the Program, Friend acknowledges that we may at our sole discretion, share the Friend’s first name and the fact that they completed an eligible purchase via Online to inform the Advocate via email to the Advocate’s email address on file about the status of their Incentive. We will not share the details of the Friend’s purchase. If you do not want the Advocate to receive this information about you, please do not complete a purchase via Online after clicking on the Referral Link.

Indemnification: By participating in the Program, you agree that, to the maximum extent as permitted by applicable law, you will defend and indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any claim, action, liability, loss, injury, demand, damage, fines, expenses or costs resulting, directly or indirectly, from your participation in the Program, including any unlawful sending or sharing of the Referral Link, or your breach of these Terms, except to the extent such claim, action, liability, loss, injury, demand, damage, fine, expenses or costs arise as the result of our negligence, or wilful misconduct or by our failure to take reasonable steps to mitigate the claim, action, liability, loss, injury, demand, damage, fine, expenses or costs.

Disclaimer of Warranties; Limitation of Liability: To the maximum extent permitted by applicable law, the Program is provided on an “as is” basis and “as available” basis. Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations, guarantees or warranties of any kind whatsoever, express or implied, in connection with these Terms or the Program, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations, guarantees and warranties must not be excluded by law.

You agree that, to the maximum extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions; (f) any inaccuracies or omissions in content beyond our reasonable control; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected unless otherwise required by law. Further, you agree that, to the maximum extent permitted by applicable law, we are not responsible for faulty Referral Links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these Terms, in any Program-related materials, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.

Further, to the maximum extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any direct, indirect, special, punitive, incidental or consequential damages of any kind (including loss of profits) related to the Program or your participation in the Program regardless of the form of action whether in contract, tort (including negligence) or otherwise. To the maximum extent permitted by applicable law, our maximum aggregate liability arising out of or in connection with the Program, regardless of the cause of action (whether in contract, tort (including negligence), breach of warranty, or otherwise) will not exceed HK$1,000 unless we cannot legally exclude our liability to you for such amounts.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Disputes: With respect to any dispute, claim, or controversy regarding the Program, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of Hong Kong. Any dispute relating in any way to the Program, your participation in the Program, these Terms or the relationship between the parties will be subject to the exclusive jurisdiction of the courts of Hong Kong.

Bulk Messaging: Each Advocate must be the actual sender of the messages and must comply with all applicable law, including the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong). Referrals must be created and distributed by Advocates in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. The Advocate represents that he/she has the appropriate permission and consent to contact individuals about the Program. The Advocate acknowledges that contacting individuals about the Program without the requisite consent is considered spam. Bulk commercial electronic message distribution, distribution to strangers, spamming or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. We have no obligation to monitor the Program or any communications; however, we may choose to do so and block any emails or messages, remove any such content, or prohibit any use of the Program. Advocates who do not comply with the law, including data privacy laws, are obligated to indemnify us against any liabilities, costs and expenses it incurs as a result of such spam except to the extent such liability, costs and expenses arise as the result of our negligence, or wilful misconduct or by our failure to take reasonable steps to mitigate the liability, costs and expenses.

General: Each Advocate and Friend must comply with Estée Lauder Terms and Conditions available at https://www.esteelauder.com.hk/en-hk/terms-conditions and the terms and policies of any social media site where a Referral Link is posted/used. We reserve the right to revoke any rewards or otherwise disqualify any Advocate or Friend in the event of any suspected fraud or violation of these Terms.

Modification and Termination: We reserve the right to modify and terminate any of these Terms at any time, whether or not with notice. Any unused Referral Links will be forfeited at the end of such notice period. Your continued participation in the Program constitutes your acceptance of any changes made to these Terms. We will endeavour to notify you of any changes we may make to these Terms.