Effective Date: Dec 13, 2022
Estee Lauder Pty Limited’s address and business office is 165-175 Mitchell Road, Erskineville NSW 2043; registered in New South Wales, Australia (ABN 63 008 444 719).
Eligibility: This Program is only valid for residents of Australia 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 the Estée Lauder website (www.esteelauder.com.au). 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 on the Estée Lauder website.
Referred Friends must complete the referral steps as described in the referral message.
Subject to the Conditions below, each Advocate may send Referral Links to a maximum of 500 Friends throughout the entirety of the Program. Advocates cannot refer themselves or create multiple, fictitious, or fake accounts with Estée Lauder or participate in the Program as “Friends”.
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 Estée Lauder website 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, including the Australian Consumer Law .
Rewards: Subject to the Conditions below, for each Friend that completes an eligible purchase on Estée Lauder website directly through an Advocate’s Referral Link within thirty (30) days from Advocate’s sharing of their Referral Link, the Advocate will receive AU$20 off (via a discount or coupon code which will be emailed to Advocate and must be entered at checkout) an online purchase of AU$100 or more (excluding shipping costs) at the Estée Lauder website and the Friend will receive AU$20 off (via a discount or coupon code which will pop up on the Estée Lauder website after they receive and follow the Referral Link from an Advocate and must be entered at checkout) an online purchase of AU$100 or more (excluding shipping costs) at the Estée Lauder website (each an ‘Incentive’).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 10 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 maximum Advocate’s annual referral rewards (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) shall be AU$200.
- If a Friend tries to redeem multiple Referrals: We will only honour the first Referral Link through which a Friend completes an eligible purchase on the Estée Lauder website, and 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.
- Referral Links are for individual, personal use only and may not be used for commercial purposes.
Program Communications: Advocates may receive e-mails about this Program, including an e-mail when a Friend makes an eligible purchase using their Referral Link.
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 on Estée Lauder website to inform the Advocate via email to the Advocate’s email address on file about the status of their Referral 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 on Estée Lauder website after clicking on the Referral Link.
Indemnification: By participating in the Program, you agree that, to the fullest extent as permitted by the 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 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, except to the extent such claim, action, liability, loss, injury, demand or damage 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 or damage.
Disclaimer of Warranties; Limitation of Liability: To the full extent permitted by law (including the Australian Consumer 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, including the Australian Consumer Law.
You agree that, to the fullest extent permitted by applicable law (including the Australian Consumer 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 fullest 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 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 AU$100 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 New South Wales, Australia. 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 New South Wales, Australia.
Bulk Messaging: In the case of Referral Links sent via commercial electronic messages, such as emails and instant messages, each Advocate is the actual sender of the messages and must comply with applicable law, including the Australian Spam Act 2003 (Cth). 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 anti-spam 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.