M∙A∙C Cosmetics

Refer-A-Friend Program Terms

Effective Date: [November 3, 2020]

These M∙A∙C Cosmetics UK Refer-a-Friend Program Terms (the “Terms”) govern your participation in the M∙A∙C Cosmetics UK Refer-a-Friend Program (the “Program”) offered by Estee Lauder Cosmetics Limited (“M∙A∙C”, “We”, “Us” or “Our”). Please read them carefully. By participating in the Program you are agreeing to these Terms, the M∙A∙C Terms of Use [Terms of Use] and the M∙A∙C Cosmetics [Privacy Policy].

Estee Lauder Cosmetics Limited’s address and registered office is One Fitzroy, 6 Mortimer Street, London, W1T 3JJ; registered in England and Wales with company registration number 659213; VAT registration number GB 193-0816-58.

This Program is only valid for residents of the United Kingdom who are at least eighteen (18) years old. Individuals who are employed by M∙A∙C 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: M∙A∙C customers can refer their eligible friends, family members or colleagues (each, a “Friend”) to make a purchase on M∙A∙C website following one of two methods. Once a customer makes a referral he/she becomes an “Advocate”. An Advocate can complete the online form, entering the names and e-mail addresses of those eligible Friends he/she wants to refer and an email will be sent to the Friend(s) containing the Advocate’s unique referral link (“Referral Link”). In addition, an Advocate can copy his/her Referral Link and share it with his/her Friend(s) by another method, such as social media or from a personal email account. Eligible Friends must not have an existing active or inactive M∙A∙C account). Advocates cannot refer themselves or create multiple, fictitious, or fake accounts with M∙A∙C or participate in the Program as “Friends”. Any time that an Advocate posts, shares or sends their Referral Link, they must clearly explain that they earn an incentive which may take the form of a discount on a future eligible purchase at www.maccosmetics.co.uk if the 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 enforced by the Advertising Standards Authority and the Competition and Markets Authority. Advocates can use 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. When sending referral emails, Advocate must only send to a maximum of ten (10) email addresses at a time.

Rewards: For each Friend that completes an eligible purchase on M∙A∙C’s website directly through an Advocate’s Referral Link within thirty (30) days from Advocate’s sharing of their Referral Link, the Advocate will receive a FREE full size 'For My Next Trick' Lipstick with an online purchase of £50 or more (excluding shipping costs) at www.maccosmetics.co.uk and the Friend will receive a FREE full size 'For My Next Trick' Lipstick with an online purchase of £50 or more (excluding shipping costs) at www.maccosmetics.co.uk (each an ‘Incentive’).

• A Friend can only earn a Friend’s Incentive once in total. The Advocate may only earn the Advocate’s Incentive a maximum of 100 times in total. For any one individual, a maximum of 101 Incentives can be earned (once as Friend, 100 as Advocate).

• If a Friend tries to redeem multiple referrals: M∙A∙C will only honor the first Referral Link through which a Friend completes an eligible purchase on M∙A∙C’s website and which is accepted and processed by M∙A∙C. 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. The Incentive will only be applied to the Advocate of the first Referral Link through which the Friend purchased his/her first eligible M∙A∙C 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 (including MAC Pro or staff discounts); (ii) sold or transferred; (iii) redeemed for cash (iv) used to purchase gift cards, e-gift cards or MAC VIVAGLAM products.

• Referral Links are for individual, personal use only and may not be used for commercial purposes, which for the avoidance of doubt includes but is not limited to affiliate lead generation and bidding on M∙A∙C search terms in connection with the Referral Link.

Program Communications: Advocates may receive e-mails about this Program, including an e-mail each time a Friend makes an eligible purchase using their Referral Link and when that transaction is confirmed by M∙A∙C.

Privacy: The personal information collected, processed and used as part of the Program will be used in accordance with the M∙A∙C Privacy Policy https://www.maccosmetics.co.uk/privacy-policy.

Information about Friends: By participating in the Program, Friend acknowledges that M∙A∙C may at its sole discretion, share the Friend’s first name and the fact that they completed an eligible purchase on M∙A∙C’s website to inform the Advocate via email to the Advocate’s email address on file about the status of their referral Incentive. M∙A∙C 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 M∙A∙C’s website after clicking on the Referral Link.

Indemnification: By participating in the Program, you agree that you will defend and indemnify and hold M∙A∙C, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any claim, action, liability, loss, injury, demand or damage 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.

Disclaimer of Warranties; Limitation of Liability: 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 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 and warranties must not be excluded by law.

You agree that, to the fullest 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; or (g) events beyond Our reasonable control. We make no representations or warranties that defects or errors will be corrected. Further, you agree that M∙A∙C is 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 fullest 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 fullest 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 £100.

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 England and Wales. 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 and superior courts of England and Wales.

Bulk Email Distribution: Each Advocate is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Advocate represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, 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. M∙A∙C has no obligation to monitor the Program or any communications; however, M∙A∙C may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Advocates who do not comply with the law, including anti-spam laws, are obligated to indemnify M∙A∙C against any liabilities, costs and expenses it incurs as a results of such spam.

General: Each Advocate and Friend must comply with M∙A∙C Terms and Conditions https://www.maccosmetics.co.uk/terms-conditions and the terms and policies of any social media site where a referral link is posted/used. M∙A∙C reserves 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: M∙A∙C reserves the right to modify any of these Terms at any time, with or without notice. We also reserve the right to terminate the Program at any time, for any reason. Any unused Referral Links will be forfeited at that time. Your continued participation in the Program constitutes your acceptance of any changes made to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Program Terms.